Patriot Bank v. Monroe

Filing 7

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 3 Motion to Remand to State Court, filed by Patriot Bank, 5 Report and Recommendations. Signed by Judge Richard A. Schell on 7/13/12. (cm, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

PATRIOT BANK
Plaintiff,
VS.
FELICIA MONROE
Defendant.

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Case No. 4:12cv235

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On April 27, 2012, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendation that Plaintiff’s Motion to Remand and Request for Expedited
Ruling (Dkt. 3) be GRANTED and this case be remanded to the 416th Judicial District Court, Collin
County, Texas for further proceedings.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed,1 this court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions
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The court notes that, according to the record herein, the report and recommendation was
sent to the pro se Defendant at the address she provided via certified mail. Attempts were made to
deliver the certified mail copy on May 2, May 8 and May 18, 2012, but Defendant apparently did
not claim the mail. See Dkt. 6. It is Defendant’s responsibility to claim all mail sent and to
provide the court with an updated address. Because a copy of the report and recommendation
was also sent via first class mail on April 27, 2012, and such mail has not been returned,
Defendant is deemed served.

of the court.
Therefore, Plaintiff’s Motion to Remand and Request for Expedited Ruling (Dkt. 3) is
GRANTED and this case shall be remanded to the 416 th
Judicial District Court of Collin County,
Texas for further proceedings.
IT IS SO ORDERED.
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SIGNED this the 13th day of July, 2012.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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