Wells Fargo Bank NA v. Agnew, No. 3:2014cv01646 - Document 6 (N.D. Tex. 2014)

Court Description: Order Accepting 5 Findings and Recommendations on Case re: 1 Notice of Removal. The court concludes that it lacks subject matter jurisdiction over this action and sua sponte remands the action to County Court at Law No. 5, Dallas County, Texas. (Ordered by Judge Sam A Lindsay on 5/23/2014) (jrr)

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Wells Fargo Bank NA v. Agnew Doc. 6 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION WELLS FARGO BANK NA, Trustee for Riverview Mortgage Loan Trust 2007-3, Plaintiff, v. MICHAEL AGNEW and all occupants, Defendants. § § § § § § § § § § § Civil Action No. 3:14-CV-1646-L ORDER This forcible detainer action was referred for screening to Magistrate Judge Irma C. Rodriguez, who entered Findings, Conclusions, and Recommendation of the United States Magistrate Judge (“Report”) on May 6, 2014, recommending that the case be dismissed for lack of jurisdiction, or in the alternative, sua sponte remanded to the state court for lack of subject matter jurisdiction. No objections to the Report had been filed as of the date of this order. Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court accepts the magistrate judge’s findings and conclusions as those of the court. Accordingly, for the reasons set forth in the Report, the court concludes that it lacks subject matter jurisdiction over this action and sua sponte remands the action to County Court at Law No. 5, Dallas County, Texas, from which it was removed. The clerk of the court shall effect the remand in accordance with the usual procedure. As Defendant was granted leave to proceed in forma pauperis and is proceeding pro se, the court concludes, in the interest of justice, that no attorney’s fees or costs are to be awarded pursuant to 28 U.S.C. § 1447(c). Order - Page 1 Dockets.Justia.com It is so ordered this 23rd day of May, 2014. _________________________________ Sam A. Lindsay United States District Judge Order - Page 2

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