Condit v. RailAmerica, Inc.
ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS re 13 MOTION to Remand to State Court and For an Award of Attorney Fees with Costs filed by Joseph Condit. The motion to remand is granted and the motion for award of fees with costs is denied. The Clerk is to remand this action to the Circuit Court of Wilcox County, Alabama from whence it was improperly removed. Signed by Judge Kristi K. DuBose on 2/10/12. (cmj)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
CIVIL ACTION NO. 2:11-00602-KD-N
After due and proper consideration of all portions of this file deemed relevant to
the issues raised, and a de novo determination of those portions of the recommendation to
which objection is made, the Report and Recommendation of the Magistrate Judge made
under 28 U.S.C. § 636(b)(1)(B) and dated January 24, 2012, is ADOPTED as the
opinion of this Court and it is ORDERED that plaintiff’s motion to remand is
GRANTED but that plaintiff’s motion for attorney’s fees with costs is DENIED.
The Clerk is hereby directed to take such steps as are necessary to transfer this
case to the Circuit Court of Wilcox County, Alabama, from whence it was improperly
DONE this 10th day of February, 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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