Smith v. Stimpson, 18-0037-CG-N. (2018)
Court: District Court, S.D. Alabama
Number: infdco20180726864
Visitors: 11
Filed: Jul. 25, 2018
Latest Update: Jul. 25, 2018
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge (Doc. 21) made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated April 20, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED as follows
Summary: ORDER CALLIE V.S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge (Doc. 21) made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated April 20, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED as follows:..
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ORDER
CALLIE V.S. GRANADE, Senior District Judge.
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge (Doc. 21) made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated April 20, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED as follows:
1. Plaintiff Michael Smith's motion to remand under 28 U.S.C. § 1447(c) (Doc. 5) is DENIED.
2. the motion to sever and remand Count 2 (Doc. 9) filed by Defendants the Mobile County Personnel Board ("MCPB"), Donald Dees, and Liana Barnett (collectively, "the Board Defendants") is GRANTED as to the Count 2 federal claims and otherwise DENIED, and the Count 2 federal claims are accordingly SEVERED and REMANDED to the Circuit Court of Mobile County, Alabama, under 28 U.S.C. § 1441(c)(2); and
3. Defendant Sandy S. Stimpson's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (Doc. 10) and the Board Defendants' motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) (Doc. 12) are GRANTED as to the Count 1 federal claims, DENIED on the merits as to whether res judicata bars the Counts 1 and 3 state law claims, and otherwise DENIED without prejudice.
All federal claims having been remanded or dismissed, the Court declines to continue exercising supplemental jurisdiction over the remaining state law claims in this action under 28 U.S.C. § 1367(c)(3). Thus, it is ORDERED that this case is REMANDED to the Circuit Court of Mobile County, Alabama.
DONE and ORDERED.
Source: Leagle
