Lee v. Dep't of Educ.

Full title: SHARON JOY JORDAN LEE v. DEPARTMENT OF EDUCATION, SPECIAL SCHOOL…

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Feb 7, 2017

CIVIL ACTION 16-588-SDD-EWD (M.D. La. Feb. 7, 2017)

Opinion

CIVIL ACTION 16-588-SDD-EWD

02-07-2017

SHARON JOY JORDAN LEE v. DEPARTMENT OF EDUCATION, SPECIAL SCHOOL DISTRICT/SPECIAL SCHOOL PROGRAMS

SHELLY D. DICK, DISTRICT JUDGE MIDDLE DISTRICT OF LOUISIANA

RULING

The Court, after carefully considering the Petition,¹ the record, the law applicable to this action, and the Report and Recommendation ² of United States Magistrate Judge Erin Wilder-Doomes dated December 5, 2016, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

1 Rec. Doc. 1-1.

2 Rec. Doc. 9. --------

ACCORDINGLY, the Plaintiff's Motion to Remand shall be GRANTED and this matter shall be REMANDED to the 4th Judicial District Court for the Parish of Ouachita, Louisiana, as removal was not timely under 28 U.S.C. § 1446. Further, Plaintiff shall be awarded $1,000.00 for the costs and attorneys' fees incurred as a result of the improper removal in accordance with 28 U.S.C. § 1447(c).

Baton Rouge, Louisiana the 7 day of February, 2017.

/s/ _________

SHELLY D. DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA