JMG Realty v. Jackson, No. 1:2018cv02676 - Document 6 (N.D. Ga. 2018)
Court Description: OPINION AND ORDER OVERRULING the Defendant's 5 Objections and ADOPTING the Magistrate Judge's Final Report and Recommendation. This case is hereby REMANDED to the Magistrate Court of Fulton County. There being no further issues before the Court, the Clerk is DIRECTED to close the case. Signed by Judge Amy Totenberg on 7/10/2018. (sap)
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JMG Realty v. Jackson Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION J MG REALTY, doing business as City Plaza Apartm ents, Plaintiff, v. DAINTEZ J ACKSON, and All Others, Defendants. : : : : : : : : : : : CIVIL ACTION NO. 1:18-cv-2676-AT-LTW ORD ER This m atter is before the Court on the Magistrate J udge’s Final Report and Recom m endation (“R&R”) [Doc. 2] that this dispossessory action be rem anded to the Magistrate Court of Fulton County pursuant to 28 U.S.C. § 1447(c). Under 28 U.S.C. § 636(b)(1), the Court reviews the Magistrate J udge’s R&R for clear error if no objections are filed to the report. 28 U.S.C. § 636(b)(1). If a party files objections, however, the district court m ust determ ine de novo any part of the Magistrate J udge’s disposition that is the subject of a proper objection. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b). As Defendant J ackson has filed tim ely objections, the Court reviews the R&R on a de novo basis. Accordingly, the Court hereby OVERRU LES Defendant’s Objections and AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of this Court. For the reasons stated in the Magistrate J udge’s Report and Dockets.Justia.com Recom mendation, the Court lacks federal subject m atter jurisdiction over this m atter and the Court REMAN D S this case to the Magistrate Court of Fulton County.1 There being no further issues before the Court, the Clerk is D IRECTED to close the case. IT IS SO ORD ERED this 10 th day of J uly, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict Ju d ge 1 As this case involves a pro se Defendant, the Court provides further guidance. An order rem anding the case m eans that the case will continue to be heard, but in the court where it was originally filed – here, the Magistrate Court of Fulton County. The case is sim ply being returned to the Magistrate Court for further proceedings. Any future m otions should be filed with that court. 2
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