JMG Realty v. Jackson

Filing 6

OPINION AND ORDER OVERRULING the Defendant's 5 Objections and ADOPTING the Magistrate Judge's Final Report and Recommendation. This case is hereby REMANDED to the Magistrate Court of Fulton County. There being no further issues before the Court, the Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 7/10/2018. (sap)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JMG REALTY, doing business as City
Plaza Apartments,
Plaintiff,
v.
DAINTEZ JACKSON, and All Others,
Defendants.

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CIVIL ACTION NO.
1:18-cv-2676-AT-LTW

ORDER
This matter is before the Court on the Magistrate Judge’s Final Report and
Recommendation (“R&R”) [Doc. 2] that this dispossessory action be remanded to
the Magistrate Court of Fulton County pursuant to 28 U.S.C. § 1447(c).
Under 28 U.S.C. § 636(b)(1), the Court reviews the Magistrate Judge’s R&R
for clear error if no objections are filed to the report. 28 U.S.C. § 636(b)(1). If a
party files objections, however, the district court must determine de novo any
part of the Magistrate Judge’s disposition that is the subject of a proper objection.
Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b). As Defendant Jackson has filed timely
objections, the Court reviews the R&R on a de novo basis.
Accordingly, the Court hereby OVERRULES Defendant’s Objections and
ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of
this Court.

For the reasons stated in the Magistrate Judge’s Report and

Recommendation, the Court lacks federal subject matter jurisdiction over this
matter and the Court REMANDS this case to the Magistrate Court of Fulton
County.1

There being no further issues before the Court, the Clerk is

DIRECTED to close the case.
IT IS SO ORDERED this 10th day of July, 2018.

_____________________________
Amy Totenberg
United States District Judge

As this case involves a pro se Defendant, the Court provides further guidance. An order
remanding the case means that the case will continue to be heard, but in the court where it was
originally filed – here, the Magistrate Court of Fulton County. The case is simply being returned
to the Magistrate Court for further proceedings. Any future motions should be filed with that
court.

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