TKD Properties LLC v. Burke et al
| TKD Properties LLC |
| James Burke and Theresa Howe Mary |
| 1:2023cv02773 |
| June 21, 2023 |
| US District Court for the Northern District of Georgia |
| Steve C Jones |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1446 Notice of Removal - Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Civil Case Terminated. (rsg) |
| Filing 6 Remand Letter to Magistrate Court of Clayton County. (rsg) |
Filing 5
ORDER adopting the #3 Final Report and Recommendation. Accordingly, this civil action is hereby REMANDED to the Magistrate Court of Clayton County, Georgia. Signed by Judge Steve C. Jones on 07/11/2023. (rsg)
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| Case electronically remanded to the Magistrate Court of Clayton County. (Envelope #12637024 was submitted successfully.) (rsg) |
| Clerk's Certificate of Mailing as to James Burke re #5 Order on Final Report and Recommendation. (rsg) |
| Submission of #3 FINAL REPORT AND RECOMMENDATION re #2 Notice of Removal, filed by James Burke, to District Judge Steve C. Jones. (pdw) |
| Clerk's Certificate of Mailing as to TKD Properties LLC re #5 Order on Final Report and Recommendation. (rsg) |
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Filing 4
ORDER for Service of #3 Order and Final Report and Recommendation, by Magistrate Judge Walter E. Johnson. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Walter E. Johnson on 6/21/23. (klb)
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Filing 3
ORDER AND FINAL REPORT AND RECOMMENDATION re #2 Notice of Removal, filed by James Burke. Because defendants are domiciled in Georgia, the Court does not have diversity jurisdiction over this Clayton County action. Likewise, the pleadings indicate no federal question. Plaintiff cannot be subjected to federal jurisdiction after having filed for eviction on state law grounds in state court. Accordingly, because defendants have failed to demonstrate any lawful basis for removal of the action, the undersigned RECOMMENDS that this action be REMANDED to the Magistrate Court of Clayton County pursuant to 28 U.S.C. 1447(c). For the reasons set forth above, the undersigned GRANTS the Application to Proceed in District Court without Prepaying Fees or Costs #1 for the limited purpose of remand, and RECOMMENDS this case be REMANDED to the Magistrate Court of Clayton County, Georgia. The Clerk is DIRECTED to terminate the reference to the undersigned Magistrate Judge. Signed by Magistrate Judge Walter E. Johnson on 6/21/23. (klb)
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| Filing 2 NOTICE OF REMOVAL filed by James Burke. (Attachments: #1 Civil Cover Sheet)(klb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by James Burke. (Attachments: #1 Notice of Removal, #2 Civil Cover Sheet)(ane) |
| Clerk's Certificate of Mailing as to James Burke re #3 ORDER AND FINAL REPORT AND RECOMMENDATION and #4 Order for Service of Order and Final Report and Recommendation. (klb) |
| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis to Magistrate Judge Walter E. Johnson. (ane) |
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ORDER granting #1 Application for Leave to Proceed in forma pauperis for the limited purpose of remand (found in text of Order and Final Report & Recommendation). Signed by Magistrate Judge Walter E. Johnson on 6/21/23. c:Financial Office(klb)
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