ATC Development v. Tutt

Filing 6

ORDER remanding this action to the Magistrate Court of Richmond County. The Clerk is directed to terminate all deadlines and motions, and close this case. Signed by Judge J. Randal Hall on 09/22/2014. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ATC DEVELOPMENT,

*

d/b/a Vintage Creek Apartments,

*
*

Plaintiff,

*
*

v.

*

CV 114-164

*

PATRICIA TUTT,

*
*

Defendant.

*

ORDER

This

cause

On August 5,

comes

before

the

Court

on

its

own

initiative.

2014, Defendant Patricia Tutt ("Defendant")

filed

leave to remove a dispossessory proceeding from the Magistrate
Court of Richmond County,
§ 1446(a),

Defendant

did

Georgia.
not

In violation of

attach

"a

copy

of

28 U.S.C.

all

process,

pleadings, and orders served," - in particular, the Complaint from the underlying state court action.

proceeding

pro

September 5,

se,

however,

the

As both parties are

Court

issued

an

Order

on

2014 that directed Defendant to file an amended

notice of removal to cure the aforementioned defects and to show

cause why this case should not be remanded for lack of federal
subject matter jurisdiction.
so

in

remains
this

the

time

unable

case.

(Doc. 5.)

allocated by
to

determine

Defendant has not done

the Court,

whether

it

and
has

the

Court

thus

jurisdiction over

It

is

well

established

that

removal

strictly construed against removal.
Sheets,

F.3d

313 U.S.

1092,

100,

1094

108

(11th

(1941);

Cir.

remand.

King

4357480,

at

v.

*3

Gov' t

(11th

Emps.

Cir.

are

to

be

Shamrock Oil & Gas Corp. v.
Burns v. Windsor Ins.

1994).

about the propriety of removal

statutes

Consequently,

Co.,

all

31

doubts

should be resolved in favor of
Ins.

Sept.

Co. , No.

4,

2014)

13-14794,

(citing

2014

WL

Miedema

v.

Maytag Corp., 450 F.3d 1322, 1328-29 (11th Cir. 2006)).
As

Defendant

subject

matter

failed

to

demonstrate

jurisdiction

dispossessory action,

removal

over

is

that

the

this

Court

Richmond

improper.

Therefore,

has

County

this

action is REMANDED to the Magistrate Court of Richmond County.
The

Clerk

is

DIRECTED

to TERMINATE

all

deadlines

and motions,

and CLOSE this case.

ORDER ENTERED at Augusta,

Georgia,

this

^^s^^-day of

September, 2014

HONORTraLE J.

R2NDAL HALL

UNITES STATES DISTRICT JUDGE
ffiRN DISTRICT OF GEORGIA