Battle v. SCDC et al

Filing 54

ORDER adopting 49 Report and Recommendation of Bruce Howe Hendricks; granting 14 Motion to Remand. This case is hereby remanded to the Greenville County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Richard M Gergel on 12/11/2013.(ssam, )

IN THE UNITED STATES DISTRICT COURT
!tEC:.-tVElJ
FOR THE DISTRICT OF SOUTH CAROLnJ1Xt ::·. :U::"", r C:'l· r; ,'- ~
CHARLESTON DIVISION

lOll DEC I 1 A q: LJ q

Korell Battle a/k/a Korell Robert Floyd
Battle,
Plaintiff,
v.

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)
)
)
)
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)

No.2:13-cv-1594-RMG

ORDER

SCDC, Robert Babb, and George Amonitti, )
individually and in their official capacities, )
)
)
Defendants.

This matter is before the Court on the Report and Recommendation ("R&R") of the
Magistrate Judge recommending that this Court grant Plaintiffs motion to remand. (Dkt. No.
49). For the reasons set forth below, the Court agrees with and wholly adopts the R&R as the
order of the Court.
Background

This action was initially filed in state court but was later removed because Defendants
argued Plaintiff asserted a claim under 42 U.S.C. § 1983. Plaintiff then filed a motion to remand.
(Dkt. No. 14). Defendants then filed a response in opposition to the motion. (Dkt. No. 21).
Plaintiff then filed an amended complaint. (Dkt. No. 48). The Magistrate Judge then issued the
present R&R. (Dkt. No. 49). No timely objections were filed.
Legal Standard

The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility for making a final determination remains with
this Court. Mathews v. Weber, 423 U.S. 261,270-71 (1976). This Court is charged with making
a de novo determination of those portions of the R&R to which specific objection is made.

Additionally, the Court may "accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(l). This Court may also
"receive further evidence or recommit the matter to the magistrate judge with instructions." Id.
Discussion

After review of the record and the R&R, the Court finds the Magistrate Judge applied
sound legal principles to the facts of this case and therefore agrees with and wholly adopts the
R&R as the order of the Court. As stated in the R&R, the Court agrees the amended complaint
contains only state causes of action and therefore fails to invoke the jurisdiction of this Court.
Conclusion

For the reasons set forth above, the Court agrees with and adopts the R&R as the order of
the Court.

(Dkt. No. 49).

Accordingly, Plaintiffs motion to remand (Dkt. No. 14) is

GRANTED and this case is hereby remanded to the Greenville County Court of Common Pleas.
AND IT IS SO ORDERED.

Richard Mark Gerge
United States District Court Judge
December _I_I, 2013
Charleston, South Carolina

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