JP Morgan Chase Bank et al vs. Kearnes et al

Filing 26

ORDER adopting 12 Report and Recommendation. It is ORDERED that this action is REMANDED to the Court of Common Pleas for Greenville County, South Carolina,Thirteenth Judicial Circuit, pursuant to 28 U.S.C. § 1447, for lack of subject matter jurisdiction. Signed by Honorable Timothy M Cain on 4/6/16. (kmca)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
J.P. Morgan Chase Bank,
James Dimon, C.E.O.,
Plaintiffs,
vs.
Patricia Kearnes and William Kearnes,
Defendants
Christopher Jones and
Desimber Wattleton-Jones,
Third-Party Defendants.

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Civil Action No. 6:16-263-TMC

ORDER

Third-Party Defendants, Christopher Jones and Desimber Wattleton-Jones, proceeding pro
se, removed this civil action from the Court of Common Pleas for Greenville County, South
Carolina, Thirteenth Judicial Circuit. In accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule
73.02, D.S.C., this matter was referred to a magistrate judge for pretrial handling. Before the court
is the Magistrate Judge’s Report and Recommendation (“Report”), recommending that this action
be remanded to state court based upon the lack of subject matter jurisdiction. The parties were
advised of their right to file objections to the Report. (ECF No. 12 at 9). However, no objections
have been filed, and the time to do so has now run.
The Report has no presumptive weight and the responsibility to make a final determination
in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). In the
absence of objections, this court is not required to provide an explanation for adopting the Report.
See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the absence of a timely filed

objection, a district court need not conduct a de novo review, but instead must only satisfy itself that
there is no clear error on the face of the record in order to accept the recommendation.” Diamond
v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72
advisory committee’s note).
After a thorough review of the Report and the record in this case, the court adopts the
Magistrate Judge’s Report (ECF No. 12) and incorporates it herein. It is therefore ORDERED that
this action is REMANDED to the Court of Common Pleas for Greenville County, South Carolina,
Thirteenth Judicial Circuit, pursuant to 28 U.S.C. § 1447, for lack of subject matter jurisdiction.
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
April 6, 2016
Anderson, South Carolina

NOTICE OF RIGHT TO APPEAL
The parties are hereby notified of the right to appeal this order pursuant to Rules 3 and 4
of the Federal Rules of Appellate Procedure.