Perez v. FedEx Ground Package System, Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS DEL RIO DIVISION JOSE LUIS PEREZ, § Plaintiff, § § v. § § Case No.: DR:24-CV-00083-EG FEDEX GROUND PACKAGE § SYSTEM, INC., WJ BISHOP, INC., and § ERIC LAMB, § Defendants. § § ORDER ADOPTING REPORT AND RECOMMENDATION Pending before the Court is the Report and Recommendation of the Honorable Matthew Watters, United States Magistrate Judge, filed on October 3, 2024. ECF No. 10. Also pending before the Court is the Parties’ Agreed Joint Motion to Remand Case. ECF No. 5. At present, no party has filed objections to the report and recommendation.

Accordingly, the Court need not conduct a de novo review of the matter. See 28 U.S.C. § 636(b)(1). (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”).

Rather, the Court reviews the report recommendation to determine whether it is erroneous or clearly contrary to law. United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918 (1989).

The Court has examined the report and recommendation and concludes its findings and conclusions are neither erroneous nor clearly contrary to law. The Court therefore ADOPTS the findings and conclusions contained within it.

As such, the Parties’ Agreed Joint Motion to Remand Case, ECF 5, is GRANTED.

Removal to district court pursuant to 28 U.S.C. § 1332(a) was improper under 28 U.S.C. § 1441(b)(2), which prohibits removal if any of the parties in interest, properly joined and served as defendants, is a citizen of the State in which such action is brought. Therefore, the Court hereby ORDERS this case remanded to the 365th Judicial District Court of Maverick County, Texas. It is further ORDERED that the case is hereby DISMISSED.

SIGNED this _22_n_d_day of October 2024.

__________________________________________ ERNEST GONZALEZ UNITED STATES DISTRICT JUDGE