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Davis v. Effingham County, CV419-028. (2019)

Court: District Court, S.D. Georgia Number: infdco20190319a24 Visitors: 7
Filed: Feb. 20, 2019
Latest Update: Feb. 20, 2019
Summary: ORDER AND REPORT AND RECOMMENDATION JAMES E. GRAHAM , Magistrate Judge . Plaintiff's motion to amend his Complaint to remove an "inadvertently pled 42 U.S.C. 1983 claim" (doc. 8 at 2), which is unopposed (doc. 16), is GRANTED . Because removing this claim also removes the basis for this Court's original jurisdiction over the Complaint, the Court RECOMMENDS that plaintiff's motion to remand (doc. 10), which is also unopposed (doc. 16), be GRANTED and the matter REMANDED to state co
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ORDER AND REPORT AND RECOMMENDATION

Plaintiff's motion to amend his Complaint to remove an "inadvertently pled 42 U.S.C. § 1983 claim" (doc. 8 at 2), which is unopposed (doc. 16), is GRANTED. Because removing this claim also removes the basis for this Court's original jurisdiction over the Complaint, the Court RECOMMENDS that plaintiff's motion to remand (doc. 10), which is also unopposed (doc. 16), be GRANTED and the matter REMANDED to state court for all further proceedings.

This Report and Recommendation (R&R) is submitted to the district judge assigned to this action, pursuant to 28 U.S.C. § 636(b)(1)(B) and this Court's Local Rule 72.3. Within 14 days of service, any party may file written objections to this R&R with the Court and serve a copy on all parties. The document should be captioned "Objections to Magistrate Judge's Report and Recommendations." Any request for additional time to file objections should be filed with the Clerk for consideration by the assigned district judge.

After the objections period has ended, the Clerk shall submit this R&R together with any objections to the assigned district judge. The district judge will review the magistrate judge's findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to timely file objections will result in the waiver of rights on appeal. 11th Cir. R. 3-1; see Symonett v. V.A. Leasing Corp., 648 F. App'x 787, 790 (11th Cir. 2016); Mitchell v. United States, 612 F. App'x 542, 545 (11th Cir. 2015).

SO ORDERED AND REPORTED AND RECOMMENDED.

Source:  Leagle

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