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28 U.S.C. § 1406(b) provides that “[i]n all cases of [fraudulent] joinder, the district court shall dismiss the action and the court shall *35 absence any res on such action or proceed no further in the case.” Moreover, “it is apparent from the use of the word `shall’ in this section, that it is mandatory and leaves no discretion to the Court.” Grimes v. Chrysler Motors Corp., 271 F.2d 681, 683 (2d Cir.1959).
Accordingly, plaintiff’s motion to remand this case to state court (Docket No. 17) is GRANTED, and it is further
ORDERED that this case be REMANDED to the Supreme Court of the State of New York, New York County for any further action. The Clerk of Court is directed to close this case.