FIA Card Services, N.A. v. Prickett

Filing 11

ORDER granting 7 Motion to Dismiss and to Remand. Report and Recommendations re 10 adopted in its entirety, and denying 2 motion for Declaratory Judgment. ORDER REMANDING CASE TO the STATE COURT of Johnson County, AR. Signed by Honorable Robert T. Dawson on May 17, 2010. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION FIA CARD SERVICES, N.A. v. PHILLIP D. PRICKETT ORDER Now on this 17th day of May 2010, there comes on for Case No. 10-2034 DEFENDANT PLAINTIFF

consideration the report and recommendation filed on April 13, 2010, by the Honorable James R. Marschewski, United States

Magistrate Judge for the Western District of Arkansas (Doc. 10). No objections were filed to the report and recommendation. The court has reviewed finds this as case and, being The well and and

sufficiently

advised,

follows:

report

recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Motion to Remand (Doc. 7) is

GRANTED, and this case is remanded to the Circuit Court of Johnson County. Defendant's Motion (Doc. 2) for Injunctive and Declaratory Relief is DENIED. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)