Wallace v. Discover Bank et al

Filing 13

ORDER granting 12 Motion for Reconsideration filed by Jason Duffy Wallace to the extent the Court reviewed this case de novo; ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations, and dismissing case as Plaintiff failed to properly remove this action from State court; denying as moot 10 Motion to Remand filed by Discover Bank. Signed by Honorable Robert T. Dawson on March 21, 2011. (cap)

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Wallace v. Discover Bank et al Doc. 13 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION JASON DUFFY WALLACE V. DISCOVER BANK and SEARS O R D E R On this 21st day of March 2011, there comes on for Civil No. 10-1029 DEFENDANTS PLAINTIFF consideration the report and recommendation filed in this case on September 8, 2010, by the Honorable Barry A. Bryant, United States Magistrate for the Western District of Arkansas. 8). (Doc. Also before the Court are Plaintiff's objections (doc. 9) Plaintiff's motion to and motion to reconsider (doc. 12). reconsider (doc. 12) is GRANTED to the extent the Court reviewed this case de novo. The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, this action is dismissed as Plaintiff failed to properly remove this action from State court pursuant to and in compliance with 28 U.S.C. 1446. Bank's Motion to Remand (doc. 10) is DENIED AS MOOT. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge Discover AO72A (Rev. 8/82) Dockets.Justia.com

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