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govinfo:USCOURTS-tnwd-2_26-cv-02496-1

U.S. District Court for the Western District of Tennessee · 2026-06-11

· GavelSight synced 2026-09-06 03:52:42

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 
WESTERN DIVISION 
______________________________________________________________________________ 
 
 
Highland Row Apartments, 
 
Plaintiff, 
 
v. Case No. 2:26-cv-02496-BCL-cgc 
 
Courtney Selmon-Austin, 
 
Defendant. 
______________________________________________________________________________ 
 
ORDER REMANDING CASE TO STATE COURT 
______________________________________________________________________________ 
 
 Defendant removed this case from Shelby County General Sessions Court. Doc. 2. On the 
same day, Defendant moved for leave to proceed in forma pauperis. Doc. 3. Plaintiff filed a motion 
for remand. Doc. 7. On May 27, 2026, Magistrate Judge Charmiane G. Claxton 1 issued a Report 
and Recommendation that this case should be remanded to state court for lack of subject matter 
jurisdiction. Doc. 9. The deadline to file objections has passed and Defendant did not file an 
objection. 
A United States District Court Judge may designate a United States Magistrate Judge to 
submit proposed findings of fact and conclusions of law for disposition by the District Judge of 
certain motions. 28 U.S.C. § 636(b)(1)(B) . The District Judge “ may accept, reject, or modify, in 
whole or in part, the findings or recommendations made by the magistrate judge,” and “shall make 
 
1 Pursuant to Administrative Order No. 2013-05, this case was referred to the United States Magistrate Judge 
for management and for all pretrial matters for determination and/or report and recommendation as appropriate. PageID
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2 
 
a de novo determination of those portions of the report or specified proposed findings or 
recommendations to which objection is made.” Id. 
Based upon a de novo review of the record and lack of any objections, the Court ADOPTS 
the Report and Recommendation (Doc. 9) in full. Accordingly, this case is REMANDED to the 
Shelby County General Sessions Court and Plaintiff’s separate motion for remand (Doc. 7) is 
DENIED AS MOOT. 
IT IS SO ORDERED, this 11th day of June, 2026. 
s/ Brian C. Lea 
 BRIAN C. LEA 
UNITED STATES DISTRICT JUDGE PageID
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