Chris v. Miller

Full title: CHRIS A MOORE v. NOLAN W. MILLER, ET AL.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Feb 3, 2016

CIVIL ACTION NO.: 15-00180-BAJ-RLB (M.D. La. Feb. 3, 2016)

Opinion

CIVIL ACTION NO.: 15-00180-BAJ-RLB

02-03-2016

CHRIS A MOORE v. NOLAN W. MILLER, ET AL.

BRIAN A. JACKSON, CHIEF JUDGE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

RULING AND ORDER

Before the Court is Plaintiff Chris A. Moore's ("Plaintiff") Motion for Remand (Doc. 26). The Magistrate Judge has issued a Report and Recommendation (Doc. 31), recommending that Plaintiff's motion be granted. No objection to the Magistrate Judge's Report has been filed and the deadline to do so has passed.

Having independently considered Plaintiff's Motion to Remand (Doc. 26) and related filings, the Court APPROVES the Magistrate Judge's REPORT AND RECOMMENDATION (Doc. 31), and ADOPTS it as the Court's opinion herein.¹

1 Under the circumstances presented, the Court agrees with the Magistrate Judge's conclusion that the 30-day clock to file a motion to remand restarted when the amended notice of removal was filed. (See Doc. 31 at pp. 7—8) (citing Williams v. Wal-Mart Stores, Inc., 534 F. Supp. 2d 1239 (M.D. Ala. 2008)). The Court similarly agrees with the Magistrate Judge's conclusion that remand of this action is proper, because it was removed by a forum defendant in violation of U.S.C. § 1-141(b)(2). --------

Accordingly,

IT IS ORDERED that Plaintiff's Motion to Remand is GRANTED for the reasons explained in the Magistrate Judge's Report and Recommendation.

Baton Rouge, Louisiana, this 3^rd day of February, 2016.

/s/ _________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA