Metts v. Allstate Indemnity Company

• Court: District Court, D. South Carolina
• Decided: October 6, 2025
• Docket: 3:25-cv-10728
• Status: Unknown

Opinion

Es ny Cori”

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION MILDRED METTS, § Plaintiff, § § vs. § Civil Action No. 3:25-10728-MGL § ALLSTATE INDEMNITY COMPANY, § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND REMANDING THIS CASE TO STATE COURT Plaintiff Mildred Metts (Metts), who is representing herself, filed this civil action against Defendant Allstate Indemnity Company (Allstate). Metts initially filed the action in the Richland County Court of Common Pleas, but Allstate removed it to this Court. This matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge recommending the Court remand this case for lack of subject matter jurisdiction. The Report was made in accordance with 28 U.S.C.§ 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C.§ 636(b)(1).

The Magistrate Judge filed the Report on August 25, 2025. To date, the parties have failed to file any objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review[] but instead must ‘only satisfy itself that there is no clear error on the face of the record in

order to accept the recommendation.’” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845–46 (4th Cir. 1985). After a thorough review of the Report and record in these cases under the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court this case is REMANDED to the Richland County Court of Common Pleas. IT IS SO ORDERED. Signed this 6th day of October 2025, in Columbia, South Carolina. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE

***** NOTICE OF RIGHT TO APPEAL

The parties are hereby notified of their right to appeal this Order within thirty days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.