Foshee Management Company, LLC v. Finch

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS re 2 MOTION for Leave to Proceed in forma pauperis filed by Geremy Finch. The motion is moot and this action is remanded sua sponte to the District Court of Mobile County, Alabama for lack of subject-matter jurisdiction. Signed by District Judge Jeffrey U. Beaverstock on 11/16/20. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
FOSHEE MANAGEMENT
COMPANY, LLC, as agent of owner,
doing business as Hillcrest Estates,
Plaintiff,
v.
GEREMY FINCH,
Defendant.

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) CIVIL ACTION NO. 1:20-00441-JB-N
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ORDER

After due and proper consideration of the issues raised, and there having been no
objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 5) made under
28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S),
and dated October 20, 2020, is ADOPTED as the opinion of the Court.
Accordingly, it is ORDERED that the Defendant’s motion to proceed without prepayment
of removal fees (Doc. 2) is MOOT, and that this case is REMANDED sua sponte to the District
Court of Mobile County, Alabama, under 28 U.S.C. § 1447(c) for lack of subject-matter
jurisdiction.
DONE and ORDERED this 16th day of November, 2020.
/s/ JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE