Ford v. Smithway Motor Xpress et al

Filing 43

ORDER RULING ON REPORT AND RECOMMENDATIONS: It is hereby ORDERED that the Magistrate Judge's 41 Report and Recommendation is ACCEPTED. Therefore, plaintiff's 39 motion to remand is GRANTED. Accordingly the pending 32 motion to compel is deemed MOOT. Signed by Honorable Terry L Wooten on 9/30/2010. (prou, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Kailia Ford, ) ) Plaintiff, ) ) vs. ) ) Smithway Motor Xpress, Inc. and ) Leonard Nelson, ) ) Defendants. ) ___________________________________ )

Civil Action No.: 4:09-cv-292-TLW-SVH

ORDER
Plaintiff Kailia Ford, ("plaintiff") commenced this action in the Court of Common Pleas in South Carolina. Subsequently, this case was removed on the assertion of diversity jurisdiction pursuant to 28 U.S.C. § 1332. This matter now comes before this Court for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Shiva H. Hodges, to whom this case had previously been assigned. In the Report, the Magistrate Judge recommends that the plaintiff's motion to remand be granted. (doc. # 41). Objections to the Report were due by September 13, 2010. No objections have been filed. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge=s Report and Recommendation 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. In the absence of objections to the Report of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

The Court has carefully reviewed the Magistrate Judge=s Report. For the reasons articulated by the Magistrate Judge, it is hereby ORDERED that the Magistrate Judge=s Report and Recommendation is ACCEPTED. (Doc. # 41). Therefore, plaintiff's motion to remand is GRANTED. (Doc. # 39). Accordingly the pending motion to compel is deemed MOOT. (Doc. # 32). IT IS SO ORDERED. ____s/Terry L. Wooten____ United States District Judge

September 30, 2010 Florence, South Carolina