Kenneth Evans v. Conseco Services LLC et al

Filing 18

ORDER RULING ON REPORT AND RECOMMENDATIONS. Signed by Honorable Terry L Wooten on 11/30/2011. (hcic)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Kenneth Evans, ) ) Plaintiff, ) ) vs. ) ) Conseco Services, LLC, Washington ) National Insurance Company, and Pioneer ) Life Insurance Company of Illinois, ) ) Defendants. ) ____________________________________) Civil Action No.: 4:11-cv-1663-TLW-SVH ORDER On July 8, 2011, this matter was removed to this Court based on the assertion of diversity jurisdiction under 28 U.S.C. § 1332. (Doc. # 1). The case was referred to United States Magistrate Judge Shiva V. Hodges pursuant to the provisions of 28 U.S.C. § 636(b)(1). This matter now comes before this Court for review of the Report and Recommendation (“the Report”) filed by the Magistrate Judge to whom this case had previously been assigned. (Doc. # 16). On September 26, 2011, the Magistrate Judge issued the Report. In the Report, the Magistrate Judge recommends that the District Court grant the consent motion to remand (Doc. # 12). (Doc. # 16). No party filed objections to the Report. Objections were due on October 14, 2011. 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 and Recommendation of the Magistrate Judge, this 1 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 and Recommendation. It is hereby ORDERED that the Magistrate Judge’s Report is ACCEPTED. (Doc. # 16). For the reasons articulated by the Magistrate Judge, the consent motion to remand this case to the Court of Common Pleas for Williamsburg County, South Carolina (Doc. # 12) is GRANTED. No costs are imposed because removal was not improper given the facts known to the defendants at the time of removal. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge November 30, 2011 Florence, South Carolina 2

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