Alphonso v. Department of Public Safety and Corrections State of Louisiana

UNITED STATES DISTEICT COURT
MIDDLE DISTRICT OF LOUISIANA
GLENN ALPHONSO CIVIL ACTION
VERSUS
STATE OF LOUISIANA, THROUGH THE
LOUSIANA DEPARTMENT OF SAFE NO. 25-00605-BAJ-EWD
AND CORRECTIONS, ET AL.
RULING AND ORDER
On January 21, 2026, the Magistrate Judge issued a Report And
Recommendation (Doc. 22, the "R&R") recommending that the above-captioned
action be remanded to the Tsventieth Judicial District Court for the Parish of
East Feliciana, State of Louisiana, because removal to this Court was procedurally
defective as Defendants did not unanimously consent to removal. The Report also
recommends that Plaintiff be awarded just costs and actual expenses, including
attorney's fees, if Plaintiff provided "a supplemental memorandum and supporting
evidence to quantify the amounts sought, including attorney s fees, incurred as a
result of the removal" by no later than February 4, 2026. The record shows that no
objections to the R&R were filed and that Plaintiff did not submit a supplemental
memorandum regarding attorney's fees.
Having carefully considered Defendant's Notice of Removal (Doc. 1),
Plaintiffs Motion to Remand (Doc. 6), Defendant's Opposition (Doc. 12), and
Plaintiffs Reply Brief (Doc. 21), the Court APPROVES the Magistrate Judge's
Report And Recommendation and ADOPTS it as the Court's opinion in this matter.
Case 3:25-cv-00605-BAJ-EWD Document 23 02/10/26 Page 1 of 2

Accordingly,
IT IS ORDERED that Plaintiffs Motion to Remand (Doc. 6) is GRANTED.
IT IS FURTHER ORDERED that the above-captioned action be and is
hereby immediately REMANDED to the Twentieth Judicial District Court for the
Parish of East Feliciana, State of Louisiana.
IT IS FURTHER ORDERED that Plaintiffs Motion for Entry of Preliminary
Default and for Hearing on Conformation of Default (Doc. 7) and Defendants Motion
for Summary Judgment (Doc. 11) are DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs request for attorney's fees and
costs is DENIED.
i6^Baton Rouge, Louisiana, this ___5ay of February, 2026
(^JUDGE BRIAN A^dACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
Case 3:25-cv-00605-BAJ-EWD Document 23 02/10/26 Page 2 of 2