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17-791 - Miller v. Hurst et al


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17-791 - Miller v. Hurst et al
February 16, 2018
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REPORT AND RECOMMENDATION: Presently pending in this action are Plaintiff's "notice of removal and motion to join claims" (Docket Entry No. 35) and Defendants' Joint Motion to Remand or to Strike (Docket Entry No. 38). For the reasons set out below, the undersigned Magistrate Judge respectfully recommends that Plaintiff's motion be denied and Defendants' motion be granted. Signed by Magistrate Judge Barbara D. Holmes on 2/16/18. (xc:Pro se plaintiff by regular and certified mail other pro se parties by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (afs)
March 12, 2018
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ORDER: The plaintiff's Motion to Request Extension of Time to File Response to R&R and Defendant's Motion to Dismiss Plaintiff's First Amended Complaint or for Abstention (Docket No. 52) is DENIED IN PART, to the extent that the plaintiff seeks an extension of time to file objections to the pending Report and Recommendation (Docket No. 48). The remaining part of this motion to extend the deadline to respond to the pending Motion to Dismiss is for the magistrate judge to rule upon. The Report and Recommendation filed by the magistrate judge on February 16, 2018 (Docket No. 48) is ACCEPTED. For the reasons expressed therein, it is hereby ORDERED that the defendants' Joint Motion to Remand or to Strike (Docket No. 38) is GRANTED, and to the extent that the plaintiff has removed state claims from the Chancery Court for Rutherford County, Tennessee, they are hereby REMANDED back to that court. Signed by District Judge Aleta A. Trauger on 3/12/18. (xc:Pro se party by regular mail. Copy mailed to Rutherford County Chancery Clerk ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)