Thomas v. Windham School District

Filing 28

ORDER adopting 26 Report and Recommendation. Plaintiffs Motions to Remand (Doc. Nos. 8. 16-17) are GRANTED. This action is REMANDED to County Court at Law 1, Jefferson County, Texas. Signed by District Judge Marcia A. Crone on 11/14/2023. (bjc, )

UNITED STATES DISTRICT COURT

EVEN THOMAS, III,
Plaintiff,
versus
WINDHAM SCHOOL DISTRICT,
Defendant.

EASTERN DISTRICT OF TEXAS

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NO. 1:23-cv-00228-MAC-ZJH

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On June 12, 2023, the court referred this case to the Honorable Zack Hawthorn, United
States Magistrate Judge, for pretrial management pursuant to a standing order. The case was
originally filed in County Court at Law 1, Jefferson County, Texas. See Doc. No. 1 at 1.
Defendant Windham School District removed the case to this court. Id. Pending before the
court are Plaintiff Even Thomas’s Motion to Remand to State Court (Doc. No. 8), Amended
Motion to Remand to State Court (Doc. No. 16), and Second Amended Motion to Remand to State
Court (Doc. No. 17).

On October 10, 2023, Judge Hawthorn issued his Report and

Recommendation (Doc. No. 26), which recommended granting Plaintiff’s motions to remand
because the court lacks subject matter jurisdiction. Doc. No. 26 at 4.
The court has received and considered the report of the magistrate judge. No objections
to the report and recommendation have been filed, and the time for doing so has passed.

It is, therefore, ORDERED that the report and recommendation of the magistrate judge
(Doc. No. 26) is ADOPTED and the Plaintiffs’ Motions to Remand (Doc. Nos. 8. 16-17) are
GRANTED. This action is REMANDED to County Court at Law 1, Jefferson County, Texas.
SIGNED at Beaumont, Texas, this 14th day of November, 2023.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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