Deutsche Bank National Trust Company v. Elmore et al
Filing
13
ORDER granting 6 Motion to Remand; affirming 11 Report and Recommendation. Signed by Honorable David C Norton on 1/20/2016.(eric, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Deutsche Bank National Trust Company,
)
as Trustee for Morgan Stanley Capital I Inc. )
Trust 2006-NC2,
)
)
Plaintiff,
)
)
vs.
)
)
Eugene Elmore; Gwendolyn Elmore, a/k/a )
Gwendolyn Beverly Frazier; Nadine
)
Harpignies-Rohn; South Carolina
)
Department of Revenue; and United States )
of America, acting by and through its agency)
The Internal Revenue Service,
)
)
Defendants.
)
___________________________________ )
C/A No.: 2:15-cv-4560 DCN
ORDER
The above referenced case is before this court upon the magistrate judge's recommendation that plaintiff’s motion to remand be granted and the case remanded back to state court, or,
in the alternative, the action be remanded sua sponte for lack of subject matter jurisdiction.
This court is charged with conducting a de novo review of any portion of the magistrate
judge's report to which a specific objection is registered, and may accept, reject, or modify, in
whole or in part, the recommendations contained in that report. 28 U.S.C. § 636(b)(1).
However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend
for the district court to review the factual and legal conclusions of the magistrate judge. Thomas
v Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections
to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those
objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984),
cert. denied, 467 U.S. 1208 (1984).1 No objections have been filed to the magistrate judge’s
report and recommendation.
A de novo review of the record indicates that the magistrate judge's report accurately
summarizes this case and the applicable law. Accordingly, the magistrate judge’s report and
recommendation is AFFIRMED, and plaintiff’s motion to remand is GRANTED. This case is
hereby remanded back to Berkeley County Court of Common Pleas.
AND IT IS SO ORDERED.
David C. Norton
United States District Judge
January 20, 2016
Charleston, South Carolina
NOTICE OF RIGHT TO APPEAL
The parties are hereby notified that any right to appeal this Order is governed by Rules 3
and 4 of the Federal Rules of Appellate Procedure.
1
In Wright v. Collins, 766 F.2d 841 (4th Cir. 1985), the court held "that a pro se litigant
must receive fair notification of the consequences of failure to object to a magistrate judge's
report before such a procedural default will result in waiver of the right to appeal. The notice
must be 'sufficiently understandable to one in appellant's circumstances fairly to appraise him
of what is required.'" Id. at 846. Plaintiff was advised in a clear manner that his objections had
to be filed within ten (10) days, and he received notice of the consequences at the appellate
level of his failure to object to the magistrate judge's report.
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