JPMorgan Chase Bank National Association v. Pegg et al
Filing
12
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 6 );(2) DENYING THE PETITION FOR REMOVAL (Doc. 1 ); (3) REMANDING THIS CASE TO THE STATE COURT; (4) TERMINATING DEFENDANT'S MOTION TO DISMISS (Doc. 5 ); (5) DENYING DEFENDANT'S MOTION FOR LEAVE TO AMEND REMOVAL PETITION (Doc. 8 ); AND (6) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Timothy S. Black on 5/2/14. (mr1)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
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Plaintiff,
vs.
CHARLENE C. PEGG, et al.,
Defendants.
Case No. 1:14-cv-196
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
DECISION AND ENTRY: (1) ADOPTING THE REPORT AND
RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. 6);
(2) DENYING THE PETITION FOR REMOVAL (Doc. 1); (3) REMANDING
THIS CASE TO THE STATE COURT; (4) TERMINATING DEFENDANT’S
MOTION TO DISMISS (Doc. 5); (5) DENYING DEFENDANT’S MOTION FOR
LEAVE TO AMEND REMOVAL PETITION (Doc. 8); AND (6) TERMINATING
THIS CASE ON THE COURT’S DOCKET
This case is before the Court on the Report and Recommendation of United States
Magistrate Judge Karen L. Litkovitz. (Doc. 6). The Magistrate Judge recommends that
the Court deny Defendant Elikim Shabazz’s Petition for Removal (Doc. 1) and remand
this case to the Hamilton County, Ohio Court of Common Pleas. Plaintiff filed no
objections to the Report and Recommendation of the Magistrate Judge and the time for
doing so has expired. Defendant did move to amend the removal petition (Doc. 8), which
Plaintiff opposes. (Doc. 9). The issues are now ripe for decision by the Court.
1
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), upon reviewing
de novo the removal petition, the arguments of the parties, and the comprehensive
findings of the Magistrate Judge, the Court: (1) ADOPTS the Report and
Recommendation of the Magistrate Judge in its entirety (Doc. 6); (2) DENIES the
Petition for Removal (Doc. 1); (3) REMANDS this case to the Hamilton County, Ohio
Court of Common Pleas; (4) TERMINATES Defendant Shabazz’s Motion to Dismiss
(Doc. 5); 1 (5) DENIES Defendant Shabazz’s Motion to Amend Removal Petition (Doc.
8); and (6) TERMINATES this case on the docket of this Court.
IT IS SO ORDERED.
Date: 5/2/14
s/ Timothy S. Black
Timothy S. Black
United States District Judge
1
As determined by the Magistrate Judge, this Court lacks subject matter jurisdiction over this case, and
therefore, lacks jurisdiction to determine Defendant’s Motion on the merits.
2
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