Rasberry v. Capitol County Mutual Fire Insurance Company et al

Filing 31

ORDER adopting 27 Report and Recommendation and granting 12 Motion to Remand. The reference to the magistrate judge is vacated. Signed by Judge Ron Clark on 2/18/09. (tkd, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION

VANESSA RASBERRY V. CAPITOL COUNTY MUTUAL FIRE INSURANCE COMPANY, ET AL.

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NO. 1:08-CV-392

ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT

The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, for pretrial proceedings pursuant to an order of reference entered on August 4, 2008. The court has received and considered the report of the United States magistrate judge, who recommends that the court grant plaintiff's motion to remand.

Defendant objects to the magistrate judge's findings, conclusions, and analysis. This requires a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C). After conducting such review, the court concludes that the magistrate judge's findings, conclusions and analysis are correct.

Accordingly, defendant's objections are OVERRULED, and the magistrate judge's report is hereby ADOPTED. It is further

ORDERED that "Plaintiff's Motion to Remand" (Docket No. 12) is GRANTED. An order

remanding this action to the 58th Judicial District Court of Jefferson County, Texas will be entered separately.

The purpose of the referral having been served, it is further ORDERED that the reference to the magistrate judge is VACATED.

So ORDERED and SIGNED this 18 day of February, 2009.

___________________________________ Ron Clark, United States District Judge

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