Horne v. Carroll et al (JOINT ASSIGN)(MAG+)

Filing 15

OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The magistrate judge's 14 recommendation is adopted; (2) Plf's 8 motion to remand is granted; (3) All other pending motions are left for resolution by th e state court; (4) This cause is remanded to the Circuit Court of Barbour County, Alabama - Clayton Division; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 1/31/2018. (Certified copy with docket sheet mailed to Barbour Co. Circuit Clerk) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MATT HORNE,

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Plaintiff,
v.
JON B. CARROLL and
SANTANNA KENNY MCCRAE,
Defendants.

CIVIL ACTION NO.
2:17cv564-MHT
(WO)

OPINION AND ORDER
Plaintiff filed this case in state court alleging
libel,

defamation,

defendant

removed

conspiracy,
the

case

to

and

negligence.

federal

court

on

A
the

asserted basis of diversity jurisdiction, and plaintiff
moved to remand to state court.

This lawsuit is now

before the court on the recommendation of the United
States Magistrate Judge that the motion to remand be
granted due to lack of diversity jurisdiction.
no

objections

to

the

recommendation.

There are
After

an

independent and de novo review of the record, and based

on the lack of objection, the court concludes that the
magistrate judge’s recommendation should be adopted.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) The magistrate judge’s recommendation (doc. no.
14) is adopted.
(2) Plaintiff’s motion to remand (doc. no. 8) is
granted.
(3) All other pending motions are left for resolution
by the state court.
(4) This cause is remanded to the Circuit Court of
Barbour County, Alabama — Clayton Division.
The

clerk

of

the

court

is

DIRECTED

to

take

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 31st day of January, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE