Opinion
Case No. 1:17-cv-855
08-01-2018
HAMILTON COUNTY JOB AND FAMILY SERVICES, Plaintiff, v. JAIYANAH BEY, Defendant.
Magistrate Judge Karen L. Litkovitz DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 4), OVERRULING DEFENDANT'S OBJECTION (Doc. 5), AND TERMINATING THIS CASE IN THIS COURT
This case is before the Court pursuant to the Order of General Reference to United States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings filed with this Court and entered a Report and Recommendation recommending this matter be remanded back to the state court from which it was removed. (Doc. 4). Defendant filed a timely objection ("Objection"). (Doc. 5).
The Objection is not well-taken. The Objection does not offer any argument to rebut the Magistrate Judge's correct conclusions that (1) Defendant, an Ohio resident, may not remove an Ohio state court case (28 U.S.C. § 1441(b)) and (2) in any event, Defendant has not established a basis for federal jurisdiction over this action. --------
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Report and Recommendation should be and is hereby ADOPTED in its entirety.
Accordingly:
1. The Report and Recommendation (Doc. 4) is ADOPTED;
2. Defendant's Objection (Doc. 5) is OVERRULED;
3. Defendant's petition for removal (Doc. 3) is DENIED;
4. This matter is REMANDED back to the state court from which it was removed;
5. Pursuant to 28 U.S.C. § 1915(a), an appeal of this Order would not be taken in good faith and, accordingly, Defendant is denied leave to appeal in forma pauperis; and
6. The Clerk shall enter judgment accordingly, whereupon this case is TERMINATED on the docket of this Court.
IT IS SO ORDERED. Date: 8/1/18
/s/_________
Timothy S. Black
United States District Judge