Erick B. Coleman v. The State of Mississippi, et al.

Summary

The United States District Court for the Southern District of Mississippi adopts a magistrate judge’s report and recommendation and remands Erick B. Coleman’s removed state criminal case to the Leake County Justice Court. The court concludes that the constitutional and statutory provisions cited by Coleman do not establish federal jurisdiction and notes that he filed no objections to the report and recommendation.

Holdings

1. Article III, Section 2, 28 U.S.C. § 1331, 28 U.S.C. § 1443(1), and 28 U.S.C. § 1446(d) did not provide a basis for federal jurisdiction over Coleman's state criminal case.
2. When no party objects to a magistrate judge's report and recommendation, the district court need not review the report de novo and may apply the clearly erroneous, abuse of discretion, and contrary-to-law standards.

Questions Presented

1. Whether the federal district court had jurisdiction over Coleman's removed state criminal case under Article III, Section 2, 28 U.S.C. § 1331, § 1443(1), or § 1446(d).
2. Whether the magistrate judge's recommendation to remand the action to state court was clearly erroneous, an abuse of discretion, or contrary to law.

Disposition

remanded