Abita View Apartments LLC v. Carr ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ABITA VIEW APARTMENTS, LLC CIVIL ACTION VERSUS NO. 23-291 LASHUNDA CARR SECTION “R” (1) ORDER AND REASONS This matter arises from plaintiff’s cause of action to evict defendant in state-court proceedings.1 Defendant removed this case on January 23, 2023.2 She then filed an ex parte motion for leave to proceed in forma pauperis, which Magistrate Judge Janice van Meerveld denied.3 Magistrate Judge van Meerveld also provided a report and recommendation (“R&R”), recommending that this matter be remanded if defendant did not pay the filing fee within 14 days.4 Plaintiff did not object to the R&R or pay the filing fee. Therefore, this Court reviews the R&R for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc), superseded by statute on other grounds, 28 U.S.C. § 636(b)(1); see also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the 1 R. Doc. 1. 2 R. Doc. 1. 3 R. Doc. 3 at 1. 4 R. Doc. 3. face of the record in order to accept the reeommendation.”). The Court finds no clear error. Therefore, the Court adopts Magistrate van Meerveld’s R&R as its opinion. Accordingly, the Court orders that this matter be REMANDED to the St. Tammany Parish Third Ward Justice Court. New Orleans, Louisiana, this__2nd__ day of May, 2023. herek Veves. SARAH S. VANCE UNITED STATES DISTRICT JUDGE