Shepard v. Ellinger et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WHITNEY SHEPARD,
Plaintiff,
Case No. 25-2254-DDC-TJJ
v.
ELLIOT ELLINGER, et al.,
Defendants.
MEMORANDUM AND ORDER
Before the court is United States Magistrate Judge Teresa J. James’s Report and
Recommendation (Doc. 41). Judge James recommends that the court remand this case to the
District Court of Wyandotte County, Kansas. Id. at 13. She explains that, having granted
plaintiff Whitney Shepard leave to amend her Complaint and add non-diverse defendants, the
court no longer has jurisdiction under 28 U.S.C. § 1332. Id.; see also Doc. 42 (Am. Compl.).
The parties received notice of their right to file an objection to the Report and Recommendation
within 14 days of its service under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)(2). Doc. 41
at 1. The Report and Recommendation also explained that a party, to secure appellate review,
must file any objections within the fourteen-day period. Id.
The court issued the Report and Recommendation on October 14, 2025. Id. No party has
objected. Nor has any party sought an extension of time to file an objection. And so, the court
now can accept, adopt, and affirm the Report and Recommendation. And it does so. See
Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (“In the absence of timely objection, the
district court may review a magistrate’s report under any standard it deems appropriate.”); see
also Garcia v. City of Albuquerque, 232 F.3d 760, 766–67 (10th Cir. 2000) (explaining under
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Fed. R. Civ. P. 72(b) a district court must make a de novo determination only for those portions
of the report and recommendation to which a party specifically has objected).
Having reviewed Judge James’s Report and Recommendation (Doc. 41), the court
determines that Judge James’s analysis and conclusions are sound. The court thus adopts Judge
James’s recommendation and remands this case to the District Court of Wyandotte County,
Kansas under 28 U.S.C. § 1447(c). This adoption also moots plaintiff’s pending Motion to
Remand (Doc. 65).
IT IS THEREFORE ORDERED BY THE COURT THAT the case be remanded to
the District Court of Wyandotte County, Kansas under 28 U.S.C. § 1447(c).
AND IT IS FURTHER ORDERED BY THE COURT THAT the Report and
Recommendation issued by United States Magistrate Judge Teresa J. James on October 14, 2025
(Doc. 41) is ACCEPTED, ADOPTED, and AFFIRMED.
AND IT IS FURTHER ORDERED BY THE COURT THAT plaintiff’s Motion to
Remand (Doc. 65) is dismissed as moot.
IT IS SO ORDERED.
Dated this 29th day of January, 2026, at Kansas City, Kansas.
s/ Daniel D. Crabtree
Daniel D. Crabtree
United States District Judge
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