State of Alabama v. Pugh

Filing 19

ORDER ADOPTING #12 REPORT AND RECOMMENDATIONS re #1 Notice of Removal filed by Jason Pugh. The state criminal prosecution(s) pending against Pugh in Escambia County, AL, are SUMMARILY REMANDED under 28 U.S.C. 1455(b)(4) to the Circuit Court of Escambia County, Alabama. All pending motions are MOOT. Copy to Jason Pugh. Signed by District Judge Kristi K. DuBose on 11/14/2023. (meh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STATE OF ALABAMA,
v.
JASON PUGH, AIS # 00212315,
Defendant.

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CIVIL ACTION NO. 1:23-00362-KD-N

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 dated October 6, 2023
(doc. 12), made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Criminal Procedure 59(b),
and S.D. Ala. GenLR 72(a), is ADOPTED as the opinion of this Court.
Accordingly, the state criminal prosecution(s) pending against Jason Pugh in Escambia
County, Alabama, at the time he mailed his notice of removal (doc. 1) on November 28, 2022,
are SUMMARILY REMANDED under 28 U.S.C. § 1455(b)(4) to the Circuit Court of
Escambia County, Alabama. Pugh will be prosecuted in the Circuit Court of Escambia County,
Alabama because there is no legal basis for this Court to assert jurisdiction over the case.
All pending motions are MOOT.
DONE and ORDERED this the 14th day of November 2023.

/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE