Federal National Mortgage Association v. Bullington

Filing 10

ORDER: Rather than accepting the magistrate judge's 9 recommendation, the court transfers this action to the Forth Worth Division of the Northern District of Texas. (Ordered by Judge Sam A Lindsay on 9/24/2013) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
FEDERAL NATIONAL MORTGAGE,
ASSOCIATION A/K/A FANNIE MAE,
Plaintiff,
v.
JAMES HAROLD BULLINGTON AND
ALL OCCUPANTS,
Defendants.

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Civil Action No. 3:13-CV-3223-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
September 11, 2013, recommending that Plaintiff’s Motion to Remand (Doc. 7), filed August 23,
2013, be granted. This case was removed from County Court at Law No. 1, Tarrant County, Texas.
As a result, it should have been filed in the Forth Worth Division of the Northern District of Texas.
See 28 U.S.C. § 1441(a) (providing for removal of a civil action “to the district court of the United
States for the district and division embracing the place where such action is pending.”). Thus,
although the magistrate judge’s recommendation regarding Plaintiff’s Motion to Remand is legally
correct, the court believes that the case should be transferred to the appropriate court for resolution.
Accordingly, rather than accepting the magistrate judge’s recommendation, the court transfers this
action to the Forth Worth Division of the Northern District of Texas.
It is so ordered this 24th day of September, 2013.

_________________________________
Sam A. Lindsay
United States District Judge
Order – Solo Page