Elawyers Elawyers
Washington| Change

CITY OF PHENIX CITY v. CARROLL, 3:15-CV-748-WKW. (2016)

Court: District Court, M.D. Alabama Number: infdco20160406820 Visitors: 6
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER W. KEITH WATKINS , Chief District Judge . On March 14, 2016, the Magistrate Judge filed a Recommendation (Doc. # 28) to which Defendant timely filed an objection (Doc. # 29). Plaintiff Redflex Traffic Systems filed a response to Defendant's objection. (Doc. # 30.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. 636(b), and finds that Defendant's objection is without merit. Accordingly,
More

ORDER

On March 14, 2016, the Magistrate Judge filed a Recommendation (Doc. # 28) to which Defendant timely filed an objection (Doc. # 29). Plaintiff Redflex Traffic Systems filed a response to Defendant's objection. (Doc. # 30.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), and finds that Defendant's objection is without merit.

Accordingly, it is ORDERED as follows:

(1) Defendant's objection (Doc. # 29) is OVERRULED;

(2) The Recommendation (Doc. # 28) is ADOPTED;

(3) Plaintiffs' Motions to Remand (Docs. # 9, 13) are GRANTED for lack of subject-matter jurisdiction;1

(4) This case is REMANDED to the Municipal Court of Phenix City, Alabama; and

(5) All remaining outstanding motions (Docs. # 4, 11, 21, 22, 23, 25) are DENIED as moot.

It is further ORDERED that Defendant's Motion for Disqualification (Doc. # 31) and Motion for Summary Judgment (Doc. # 35) are DENIED.

The Clerk of the Court is DIRECTED to take the steps necessary to effectuate the remand.

FootNotes


1. The court also notes that although Plaintiff alleged jurisdiction pursuant to §§ 1331 and 1332, these sections grant jurisdiction for civil matters. See 28 U.S.C. §§ 1331-32. The complaint in this case stems from a violation of a Phenix City ordinance, so that the case is not a civil matter that falls within the jurisdictional grant of either § 1331 or § 1332.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer