Martin v. Champion et al

Filing 21

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS that 3 MOTION to Dismiss for Lack of Jurisdiction filed by Mary M. Champion is granted; that 7 MOTION to Remand to State Court filed by Anglea P. Martin is denied and that 17 Second MOTION to Remand to State Court filed by Anglea P. Martin is granted. Defendants Champion and USA are dismissed.. Signed by Judge Kristi K. DuBose on 7/7/2015. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION ANGELA MARTIN, Plaintiff, v. MARY M. CHAMPION, et al., Defendants. : : : : : : : CIVIL ACTION 15-00127-KD-M 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 made under 28 U.S.C. § 636(b)(l)(B) and dated June 19, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Plaintiff’s Motion to Remand (Doc. 7) is DENIED, Defendant USA’s Motion to Dismiss (Doc. 3) is GRANTED, and Plaintiff’s Motion to Remand (Doc. 17) is GRANTED, such that this action is hereby REMANDED to the Circuit Court of Wilcox County, Alabama from whence it came.1 It is further ORDERED that the claims against Defendants Champion and the United States of America are DISMISSED and that said defendants are DISMISSED from this action. DONE and ORDERED this the 7th day of July 2015. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 No recommendation was made as to Defendant Bristol’s motion to dismiss (Doc. 13). (Doc. 20 at 8). However, as explained in the Report and Recommendation, adopting same “means that the Court would not have jurisdiction to rule” on that motion. (Id. at note 5).

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