Cabbagestalk v. McFadden et al
| Shaheen Cabbagestalk |
| J McFadden, Patricia Brown, Tammy Meggett-Wright, T Nettles, F Bachman, Reginald Cooper, William Brightharp, Deloach, Mauney and Thomas Cooper |
| 5:2016cv03745 |
| November 28, 2016 |
| US District Court for the District of South Carolina |
| Orangeburg Office |
| Richland |
| Richard M Gergel |
| Kaymani D West |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
32
ORDER RULING ON REPORT AND RECOMMENDATION: The Court ADOPTS the Report and Recommendation (Dkt. No. 29 ), GRANTS Plaintiff's motion to remand (Dkt. No. 12 ), and DENIES AS MOOT Defendants' motion to dismiss (ECF No. 5 ). The Court REMANDS this matter to the Richland County Court of Common Pleas. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/24/2017. (mcot, )
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Filing
22
ORDER: IT IS ORDERED that the Clerk of Court shall docket the document currently docketed at ECF No. 12 as a Motion to Remand. The Clerk of Court shall also docket the documents currently docketed at ECF Nos. 16 and 19 as attachments to the Motion to Remand.IT IS FURTHER ORDERED that Plaintiff shall advise the court, in writing, withinfourteen (14) days of the date of this Order whether, in his state court complaint, (1) he ispursuing any claims for violations of his federal constitutional rights pursuant to 42 U.S.C. §1983 or any other kinds of claims under any other federal statute, constitutional provision, or treaty in this action, or (2) if he is only pursuing claims under the South Carolina Constitution and/or other South Carolina state laws, or (3) if he is pursuing claims under both South Carolina and federal law. If Plaintiff advises the court that he is only pursuing claims under South Carolina law, this cas e will be recommended for remand to state court. If Plaintiff advises the court that he is pursuing only federal claims or both federal and state claims, this case will progress in this court in the usual manner. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 2/15/2017. (mcot, )
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