JOSEPH F. ANDERSON, Jr., District Judge.
James Bradley Bailey ("Bailey") filed a notice of removal which purports to remove Civil Action No. 2011-CP-32-4702 from the Lexington County Court of Common Pleas. (ECF No. 1.). The putative basis for removal is federal question jurisdiction. Plaintiff Wells Fargo Bank NA ("Wells Fargo") filed a motion seeking remand of this case to state court (ECF No. 7) and a motion to expedite Bailey's time for response to Wells Fargo's motion for remand under Local Civil Rule 6.01 (D.S.C.) (ECF No. 8). Bailey filed a response in opposition. (ECF No. 12.).
The Magistrate Judge assigned to this action
In her Report and Recommendation, the Magistrate Judge opined that this Court lacked subject matter jurisdiction over the action both because Bailey failed to comply with removal statute and because no federal questioned existed on the face of the well-pleaded complaint. As such, the Magistrate Judge concluded the matter should be remanded sua sponte to state court.
After carefully reviewing the applicable laws, the record in this case, and the Report and Recommendation, this Court finds the Magistrate Judge's recommendation fairly and accurately summarizes the facts and applies the correct principles of law. The Report is incorporated herein by reference in its entirety.
Accordingly, this Court remands this matter to state court and finds that Wells Fargo's motion to remand (ECF No. 7) and motion to expedite a response pursuant to Local Civil Rule 6.01 (D.S.C.) (ECF No. 8) are moot.