Green Tree Servicing, LLC v. Flowers, et al.(MAG+)
OPINION AND ORDER directing that the magistrate judge's recommendation (doc. no. 8 ) is adopted; that the plaintiff's motion to remand (doc. no. 4 ) is granted; and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to t he Circuit Court of Dale County, Alabama; the clerk of the court is DIRECTED to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 01/12/2015. (Certified copy of this order mailed to Clerk of Court, Dale County Circuit Court) (scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
GREEN TREE SERVICING LLC,
as servicer for the Bank
of New York Mellon Trust
Company, N.A., as Trustee
for BCMSC Securitization
THOMAS C. FLOWERS and
CIVIL ACTION NO.
OPINION AND ORDER
United States Magistrate Judge ordered the defendants
to show cause why plaintiff’s motion to remand should
not be granted and why this case should not be remanded
to state court.
The defendants did not respond.
lawsuit is now before the court on the recommendation
of the magistrate judge that plaintiff’s remand motion
should be granted and case remanded to state court for
lack of subject-matter jurisdiction and
for failure to
comply with the removal requirements found in 28 U.S.C.
§ 1441(b)(2) and 28 U.S.C. § 1446(b)(2)(a).
independent and de novo review of the record, the court
should be adopted.
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that the magistrate judge’s recommendation
(doc. no. 8) is adopted; that the plaintiff’s motion to
remand (doc. no. 4) is granted; and that, pursuant to
Circuit Court of Dale County, Alabama.
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 12th day of January, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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