The State of Texas, City of The Colony, Denton County Texas v. Campbell

- 1 -
No. 4:25-cv-01118
The State of Texas et al.,
Plaintiffs,
v.
Adam Wayne Campbell,
Defendant.
O R D E R
This action was initiated in a Texas municipal court and then
removed by defendant Campbell. Doc. 1. The case was referred to
a magistrate judge. Doc. 5. Plaintiff City of The Colony, Texas
filed a motion to remand. Doc. 6. The magistrate judge issued a
report recommending that the motion be granted and that the
matter be remanded to the municipal court. Doc. 8 at 4. Campbell
filed a late opposition to the motion to remand which the court
construes as an objection to the magistrate judge’s report. Doc.
10.
The court reviews the objected-to portions of a magistrate
judge’s report and recommendation de novo. 28 U.S.C.
§ 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). However, the “objections
must specifically identify those findings objected to. Frivolous,
conclusive or general objections need not be considered by the
district court.” Nettles v. Wainwright, 677 F.2d 404, 410 n.8 (5th
Cir. Unit B 1982) (en banc), overruled on other grounds by Douglass
v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc).
When there have been no timely objections to a report, or the ob-
jections are improper, “the court need only satisfy itself that there
is no clear error on the face of the record.” Fed. R. Civ. P. 72(b),
advisory committee’s notes to 1983 amendment.
In his objections, Campbell argues that removal is proper un-
der 28 U.S.C. § 1443(1) because he cannot receive a fair trial in
state court. Doc. 10 at 5. “Removal under § 1443(1) is permissible
Case 4:25-cv-01118-JCB-KNM Document 11 Filed 01/07/26 Page 1 of 2 PageID #:
<pageID>

- 2 -
only when a right conferred by a law providing for specific civil
rights stated in terms of racial equality is denied or cannot be en-
forced in the state court.” Williams v. Nichols, 464 F.2d 563, 564
(5th Cir. 1972) (per curiam). Here, Campbell has not alleged facts
showing that removal is proper under § 1443(1).
Having reviewed the report and being satisfied that there is no
error, the court accepts its findings and recommendations. The
court remands this matter to the Municipal Court, City of the
Colony, Denton County, Texas.
So ordered by the court on January 7, 2026.
J. CAM PB EL L BA RK ER
United States District Judge
Case 4:25-cv-01118-JCB-KNM Document 11 Filed 01/07/26 Page 2 of 2 PageID #:
<pageID>