DRIVE NOW AUTO CREDIT CO. INC. v. KLOCK ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DRIVE NOW AUTO CREDIT CO. INC., ) ) Plaintiff, ) ) v. ) No. 1:22-cv-00797-JPH-MJD ) VINCENT KLOCK, ) ) Defendant. ) SHOW CAUSE ORDER Defendant Vincent Klock removed this case from state court alleging federal question jurisdiction under 28 U.S.C. § 1331. Dkt. 1 at 2 ¶ 3. But Mr. Klock did not file a copy of the state court record as required by the local rules. S.D. Ind. L. R. 81-2. Without the state court record, including a copy of the original complaint, the Court cannot determine whether there is federal question jurisdiction. United Farm Bureau Mut. Ins. Co. v. Metropolitan Human Relations Comm’n, 24 F.3d 1008, 1014 (7th Cir. 1994) (when a case is removed to federal court, jurisdiction is determined "by looking at the complaint as it existed at the time the petition for removal was filed."). Therefore, Mr. Klock shall have until June 7, 2022, to file a copy of the state court record that complies with Local Rule 81-2. Failure to respond will result in this suit being remanded for lack of subject matter jurisdiction. Mr. Klock also filed his notice of removal without paying the $402 filing fee or demonstrating that he lacks the financial ability to do so. Mr. Klock SHALL either pay the $402 filing fee or seek leave to proceed in forma pauperis by June 7, 2022. The Clerk shall include a form motion to proceed in forma pauperis with Mr. Klock's copy of this order. SO ORDERED. Date: 5/11/2022 Sjamu Patrick hawlove James Patrick Hanlon United States District Judge oo, Southern District of Indiana Distribution: VINCENT KLOCK 971 East Washington St. Monticello, IN 47960 Bradley Kim Thomas THOMAS LAW FIRM PC brad@thomaslawfirmpc.com