Opinion
Civil Action 2:21-00448-KD-N
05-16-2022
BOBBY DARRYL BRACKNELL, Plaintiff, v. INTERNATIONAL PAPER COMPANY, et al., Defendants.
ORDER
KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE
After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 17) made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated April 18, 2022, is ADOPTED as the opinion of this Court.
Plaintiff's construed motion to deny leave to amend the notice of removal, to remand this action under 28 U.S.C. § 1447(c), and to award costs and expenses related to same (doc. 10), is GRANTED as to the requests to deny leave to amend and to remand and DENIED as to the request to award costs and expenses. Defendants' motion for leave to file an amended notice of removal (doc. 8) is DENIED.
Accordingly, this action is REMANDED to the Circuit Court of Perry County, Alabama, under § 1447(c), for lack of subject-matter jurisdiction.
DONE and ORDERED 1