Hamm v. Bogel et al

Filing 26

ORDER adopting Report and Recommendations of Magistrate Judge Bristow Marchant; denying 12 Motion to Remand to State Court. Signed by Honorable Richard M Gergel on 6/22/2017.(cwhi, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Michael E. Hamm, Plaintiff, v. NFN Bogle, Jr. , et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 9: 17-809-RMG-BM ORDER AND OPINION This matter is before the Court on the Report and Recommendation of the Magistrate Judge, recommending denial of Plaintiffs motion to remand to state court. This matter was originally filed in the Berkeley County Court of Common Pleas, but was removed by Defendants on March 27, 2017 on the basis of Plaintiffs federal constitutional claims. (Dkt. No. 1.) On April 12, 2017, Plaintiff moved to remand, but on May 30, 2017, Plaintiff, in response to an order of the Court, advised that he does not intend to drop his federal claims. (Dkt. No. 20.) Plaintiffs motion to remand therefore is without merit. See 28 U.S.C. ยง 1441 (allowing removal of a state court action to a federal district court if the action could have been originally filed in the federal court). For that reason, the Magistrate Judge recommends denial of the motion to remand. Plaintiff has not objected to the Report and Recommendation. The Court therefore ADOPTS the Report and Recommendation of the Magistrate Judge (Dkt. No. 24) as the Order of the Court and DENIES Plaintiffs motion to remand (Dkt. No. 12). AND IT IS SO ORDERED. United States District Court Judge June l~, 2017 Charleston, South Carolina -1-

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