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17-523 - Moussa v. Pima, County of

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17-523 - Moussa v. Pima, County of
March 5, 2018
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends the District Court grant Plaintiff's Motion to Remand for Lack of Subject Matter Jurisdiction (Doc. 15) but deny his request for attorney's fees. Any party may serve and file written objections within fourteen days of being served with a copy of the Report and Recommendation (see attached PDF for complete details). Signed by Magistrate Judge Lynnette C Kimmins on 3/5/2018. (MFR)
April 26, 2018
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ORDER that the legal conclusions from Magistrate Judge Kimmins' R&R (Doc. 23) are ACCEPTED this Court is without subject-matter jurisdiction. It is further Ordered that Plaintiff's Motion to Remand (Doc. 15) is GRANTED. It is further Ordered that Plaintiff's request for attorney's fees is DENIED as Defendant's motion to remand was not objectively unreasonable due to Plaintiff's reference (but not reliance upon) federal law incorporated into a state statute. It is further Ordered that Defendant's Motion to Dismiss (Doc. 4) is TERMINATED on CM/ECF as "moot." It is further Ordered that the Clerk of the Court enter judgment and close this civil action. Signed by Senior Judge Cindy K Jorgenson on 4/25/2018. (MFR)