Smedley v. City of Ozark (JOINT ASSIGN)(MAG+)

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Smedley v. City of Ozark (JOINT ASSIGN)(MAG+)

Smedley v. City of Ozark (JOINT ASSIGN)(MAG+)

Plaintiff:	Darrell Smedley
Defendant:	City of Ozark
Case Number:	1:2015cv00081
Filed:	January 30, 2015
Court:	US District Court for the Middle District of Alabama
Office:	Dothan Office
County:	Dale
Presiding Judge:	William Keith Watkins
Presiding Judge:	Wallace Capel
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
September 15, 2015	Filing 12 ORDER that the 10 Recommendation of the Magistrate Judge is ADOPTED with modification. It is ORDERED that, as set out in the well-reasoned Recommendation, Defendants' 3 Motion to Dismiss as to the federal-law claims is GRANTED. The Recommend ation further is ADOPTED as to the Magistrate Judge's recommendation that the court decline jurisdiction over the state-law claims pursuant to 28 U.S.C. § 1367(a)(3). Rather than dismiss the state-law claims without prejudice, however, the court will remand the state-claims to the Circuit Court of Dale County, Alabama. See Cook ex rel. Estate of Tessier v. Sheriff of Monroe Cnty., Fla., 402 F.3d 1092, 1123 (11th Cir. 2005) (Because this case was originally filed in state court and remo ved to federal court pursuant to 28 U.S.C. § 1441, if the district court declines to continue to exercise supplemental jurisdiction, [the] remaining claim[s] should be remanded to state court.). A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 9/15/2015. (dmn, )

Date Filed

Document Text

September 15, 2015

Filing 12 ORDER that the 10 Recommendation of the Magistrate Judge is ADOPTED with modification. It is ORDERED that, as set out in the well-reasoned Recommendation, Defendants' 3 Motion to Dismiss as to the federal-law claims is GRANTED. The Recommend ation further is ADOPTED as to the Magistrate Judge's recommendation that the court decline jurisdiction over the state-law claims pursuant to 28 U.S.C. § 1367(a)(3). Rather than dismiss the state-law claims without prejudice, however, the court will remand the state-claims to the Circuit Court of Dale County, Alabama. See Cook ex rel. Estate of Tessier v. Sheriff of Monroe Cnty., Fla., 402 F.3d 1092, 1123 (11th Cir. 2005) (Because this case was originally filed in state court and remo ved to federal court pursuant to 28 U.S.C. § 1441, if the district court declines to continue to exercise supplemental jurisdiction, [the] remaining claim[s] should be remanded to state court.). A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 9/15/2015. (dmn, )

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Plaintiff: Darrell Smedley
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Defendant: City of Ozark
Represented By:	Joseph Wallace Adams
Represented By:	James Hillary Pike
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