Stratigic Realty Fund LLC v. Rivers

Filing 8

ORDER: The court accepts the magistrate judges 6 Findings and Conclusions as those of the court; and sua sponte remands the action to Justice of the Peace Court, Precinct 4, Place 1, Dallas County, Texas, from which it was removed. (Ordered by Judge Sam A Lindsay on 10/17/2017) (ams)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION STRATEGIC REALTY FUND, LLC, Plaintiff, v. CORNEL RIVERS, SR. and ALL OCCUPANTS, Defendants. § § § § § § § § § § Civil Action No. 3:17-CV-2559-L ORDER On September 21, 2017, Magistrate Judge Irma Carrillo Ramirez entered the Findings, Conclusions and Recommendation of the United States Magistrate Judge (“Report”) recommending that this forcible detainer action be sua sponte remanded to the Justice of the Peace Court, Precinct 4, Place 1, Dallas County, Texas, from which it was removed, for lack of subject matter jurisdiction. No objections were filed to the Report. Having reviewed the Notice of Removal, pleadings, file, Report, and record in this case, the court determines that the magistrate judge’s determination that the court lacks subject matter jurisdiction is correct. Accordingly, the court accepts the magistrate judge’s findings and conclusions as those of the court; and sua sponte remands the action to Justice of the Peace Court, Precinct 4, Place 1, Dallas County, Texas, from which it was removed. The clerk of the court is directed to effect the remand in accordance with the usual procedure. Order – Page 1 It is so ordered this 17th day of October, 2017. _________________________________ Sam A. Lindsay United States District Judge Order – Page 2

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