Liberal, Kansas, City of v. Thiessen

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CITY OF LIBERAL, KANSAS,
Plaintiff,
v.
PETER THIESSEN,
Defendant.
Case No. 6:25-cv-01225-HLT-BGS
ORDER
Defendant1 removed this case to federal court from the Municipal Court for Liberal,
Kansas. The case arises from a traffic citation. Judge Severson reviewed Defendant’s notice of
removal and request to proceed in forma pauperis (IFP). She issued a Report and Recommendation
(R&R) on December 10, 2025. Doc. 11. Judge Severson granted Defendant’s motion to proceed
IFP, screened the case under 28 U.S.C. § 1915, and recommended dismissing or remanding the
case for lack of jurisdiction. She properly gave Defendant notice of his right to object and the
consequence for not timely objecting.
Defendant did not object to the R&R. He has therefore waived his right to de novo review.
See In re Key Energy Res. Inc., 230 F.3d 1197, 1199-1200 (10th Cir. 2000). 2 The Court has
reviewed Judge Severson’s R&R, the notice of removal, and the documents submitted as the
1 	The Court liberally construes Defendant’s pro se filings and holds them to a less stringent standard than those
drafted by lawyers. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). But the Court does not assume the
role of advocate. Id.
2 	Defendant proceeds pro se. Where a pro se party is not clearly apprised of the consequences of failing to object,
the firm-waiver rule does not apply. Talley v. Hesse, 91 F.3d 1411, 1413 (10th Cir. 1996). Here, Judge Severson’s
R&R clearly informed Defendant that he was required to file objections within 14 days if he wanted appellate
review of the factual and legal determinations, and that appellate review would not be allowed if he did not timely
file objections. Doc. 11 at 8. Although Defendant is not entitled to de novo review, the Court notes that it would
reach the same conclusion under that standard.
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state/municipal court record. The Court agrees that it lacks jurisdiction and that removal was
improper, and adopts the R&R in its entirety.
THE COURT THEREFORE ORDERS that Judge Severson’s R&R (Doc. 11) is
ADOPTED. The case is REMANDED to the Municipal Court of Liberal, Kansas. The case is
closed.
IT IS SO ORDERED.
Dated: February 17, 2026 	/s/ Holly L. Teeter
HOLLY L. TEETER
UNITED STATES DISTRICT JUDGE
Case 6:25-cv-01225-HLT-BGS Document 13 Filed 02/17/26 Page 2 of 2