Preston v. Richardson

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations, 6 Motion to Remand to State Court filed by Charles Preston. This case is remanded to the Justice Court, Precinct 3, Place 2, of Collin County, Texas. It is further ORDERED that defendant shall pay plaintiffs attorneys fees in the amount of $900.00, as set forth in the Affidavit of Jacob C. Boswell [Doc. #8]. Signed by Judge Ron Clark on 8/5/13. (cm, )

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**NOT FOR PRINTED PUBLICATION** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION CHARLES PRESTON, Plaintiff, v. DAVID RICHARDSON, Defendant. § § § § § § § § § Case No. 4:13CV194 (Judge Clark/Judge Mazzant) ORDER 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 30, 2013, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff’s Motion to Remand [Doc. #6] be granted and that the case be remanded to the Justice Court, Precinct 3, Place 2, of Collin County, Texas. The Court further recommended that defendant pay plaintiff’s reasonable attorney's fees. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, 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 of the court. It is, therefore, ORDERED that Plaintiff’s Motion to Remand [Doc. #6] is granted, and this case is remanded to the Justice Court, Precinct 3, Place 2, of Collin County, Texas. 1 It is further ORDERED that defendant shall pay plaintiff’s attorney’s fees in the amount of $900.00, as set forth in the Affidavit of Jacob C. Boswell [Doc. #8]. All relief not previously granted is hereby DENIED. The Clerk is directed to CLOSE this civil action. So ORDERED and SIGNED this 5 day of August, 2013. ___________________________________ Ron Clark, United States District Judge 2

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