Opinion
CIVIL ACTION NO. SA-02-CA-1168-FB
July 30, 2003
ORDER ACCEPTING MEMORANDUM AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Memorandum and Recommendation of the United States Magistrate Judge (docket no. 43). No objections to the Memorandum and Recommendation have been filed.
Any party who desires to object to a Magistrate's findings and recommendations must serve and file his written objections within ten days after being served with a copy of the findings and recommendation. 28 U.S.C. § 635(b)(1). Service upon a party must be made by mailing a copy to the party's last known address. Fed.R.Civ.P. 5(b). "Service by mail is complete upon mailing." Id.
Because no party has objected to the Magistrate Judge's Memorandum and Recommendation, the Court need not conduct a de novo review. See 28 U.S.C. § 636(b)(1) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings and recommendations to which objection is made."). The Court has reviewed the Memorandum and Recommendation and finds its reasoning to be neither clearly erroneous nor contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).
Accordingly, it is hereby ORDERED that the Memorandum and Recommendation of the United States Magistrate Judge (docket no. 43) is ACCEPTED pursuant to 28 U.S.C. § 636(b)(1) such that plaintiff's motion to remand (docket no. 5) is GRANTED for lack of subject matter jurisdiction over this case. Accordingly, this case is REMANDED to the 150th Judicial District Court of Bexar County, Texas. The District Clerk is directed to send a certified copy of this order to the clerk of the state court. Plaintiffs alternative request to amend his complaint is DISMISSED as Moot. Motions pending with the Court, if any, are dismissed as moot.
It is so ORDERED