Federal National Mortgage Association v. Avendano et al

Filing 4

ORDER approving and adopting the 3 Report and Recommendation as the judgment of the Court. This action is remanded to the Magistrate Court of Gwinnett County, Georgia. The Defendant's Application to Proceed in forma pauperis 1 is DENIED. The Defendant's Motion for Emergency Stay 2 is DENIED. Signed by Judge Thomas W. Thrash, Jr on 11/30/10. (cem)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. NORMA A. AVENDANO, et al., Defendants. ORDER This is a dispossessory action. It is before the Court on the Report and Recommendation [Doc. 3] of the Magistrate Judge recommending remand of the case to the Magistrate Court of Gwinnett County, Georgia. The Court lacks subject matter jurisdiction of this improperly removed dispossessory action. I approve and adopt the Report and Recommendation of the Magistrate Judge as the judgment of the Court. This action is remanded to the Magistrate Court of Gwinnett County, Georgia. The Defendant's Application to Proceed in forma pauperis [Doc. 1] is DENIED. The Defendant's Motion for Emergency Stay [Doc. 2] is DENIED. CIVIL ACTION FILE NO. 1:10-CV-3391-TWT

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SO ORDERED, this 30 day of November, 2010.

/s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge

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