Treacy et al v. Mansfield et al

Filing 11

ORDER: The Report and Recommendation Doc. 7 of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review. Defendants' Motion to Proceed in Forma Pauperis Doc. 2 is DENIED. The Clerk is directed to remand this action to the County Court in and for Citrus County, Florida. The Clerk is also directed to forward a certified copy of this Order to that Court. Plaintiffs' Motion to Remand Doc. 9 is denied as moot because part of the Magistrate Judge's recommendation was to remand the case for lack of jurisdiction. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr. on 3/15/2018. (SMB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ROBERT E. TREACY and PATTY J.
TREACY,
Plaintiffs,
v.

Case No: 5:18-cv-92-Oc-30PRL

CHRISTOPHER MANSFIELD,
SHANNON MANSFIELD and
JOHN/JANE DOE,
Defendants.
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation
submitted by Magistrate Judge Philip R. Lammens (Doc. 7). The Court notes that neither
party filed written objections to the Report and Recommendation and the time for filing
such objections has elapsed.
After careful consideration of the Report and Recommendation of the Magistrate
Judge in conjunction with an independent examination of the file, the Court is of the
opinion that the Magistrate Judge's Report and Recommendation should be adopted,
confirmed, and approved in all respects.
ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED:
1.

The Report and Recommendation (Doc. 7) of the Magistrate Judge is

adopted, confirmed, and approved in all respects and is made a part of this order for all
purposes, including appellate review.

2.

Defendants’ Motion to Proceed in Forma Pauperis (Doc. 2) is DENIED.

3.

The Clerk is directed to remand this action to the County Court in and for

Citrus County, Florida. The Clerk is also directed to forward a certified copy of this Order
to that Court.
4.

Plaintiffs’ Motion to Remand (Doc. 9) is denied as moot because part of the

Magistrate Judge’s recommendation was to remand the case for lack of jurisdiction.
5.

The Clerk is directed to close this case.

DONE and ORDERED in Tampa, Florida, this 15th day of March, 2018.

Copies Furnished To:
Counsel/Parties of Record

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