JP Morgan Chase NA v. Silva

Filing 13

Order: Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions of the magistrate judge are correct and accepts them as those of th e court. Accordingly, for the reasons set forth in the Report, the court concludes that it lacks subject matter jurisdiction and the removal of this case was procedurally improper. The court therefore grants Plaintiff's Motion to Remand and remands the action to the Justice of Peace Court, Precinct No. 4, Place No. 2, Dallas County, Texas from which it was removed. (Ordered by Judge Sam A Lindsay on 7/23/2013) (cea)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
JP MORGAN CHASE, N.A.,
Plaintiff,
v.
JUAN SILVA & OCC.,
Defendants.

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Civil Action No. 3:13-CV-1707-L

ORDER
This forcible detainer action was referred to Magistrate David L. Horan, who entered
Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) on
July 5, 2013, recommending that Plaintiff’s Motion to Remand (Doc. 8), filed May 24, 2013, be
granted and the case be remanded to the Justice of Peace Court, Precinct No. 4, Place No. 2, Dallas
County, Texas. No objections to the Report were filed. Having reviewed the pleadings, file, and
record in this case, and the findings and conclusions of the magistrate judge, the court determines
that the findings and conclusions of the magistrate judge are correct and accepts them as those of
the court. Accordingly, for the reasons set forth in the Report, the court concludes that it lacks
subject matter jurisdiction and the removal of this case was procedurally improper. The court
therefore grants Plaintiff’s Motion to Remand and remands the action to the Justice of Peace Court,
Precinct No. 4, Place No. 2, Dallas County, Texas from which it was removed. The clerk of the
court shall effect the remand in accordance with the usual procedure. As Defendant is proceeding
pro so and in forma pauperis, the court concludes, in the interest of justice, that no attorney’s fees
and costs are to be awarded pursuant to 28 U.S.C. § 1447(c).

Order – Page 1

It is so ordered this 23rd day of July, 2013.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2