Clark v. Bamberger et al

Filing 30

ORDER as follows: (1) Plaintiff Jennifer Clark's 28 Notice of Withdrawal is treated as a Motion to Withdraw and said motion is granted. (2) Plaintiff Clarks's 16 Motion to Remand to State Court is withdrawn. It is further ORDERED that plaintiff Clark's 26 Motion to Reply is denied as moot. Signed by Honorable Judge Myron H. Thompson on 2/25/2013. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JENNIFER CLARK,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
JOEY BAMBERGER, et al.,
Defendants.

CIVIL ACTION NO.
1:12cv1122-MHT
(WO)

ORDER
The

court

being

of

the

opinion

that

it

has

jurisdiction in this case because the alleged accident
occurred at Fort Rucker, Alabama, see Mater v. Holley,
200 F.2d 123, 124-25 (5th Cir. 1952) (federal courts have
concurrent

‘enclave

jurisdiction’

over

incidents

occurring on federal land pursuant to 28 U.S.C. § 1331
(federal-question

jurisdiction)),*

and

because

the

defendants have shown a colorable defense arising from
their duty to enforce federal law, see Magnin v. Teledyne

*In Bonner v. Prichard, 661 F.2d 1206, 1209 (11th
Cir. 1981) (en banc), the Eleventh Circuit Court of
Appeals adopted as binding precedent all of the decisions
of the former Fifth Circuit handed down prior to the
close of business on September 30, 1981.

Continental Motors, 91 F.3d 1424, 1427 (11th Cir. 1996)
(removal to federal court is proper under 28 U.S.C. §
1442(a)(1) where suit in state court is brought against
a federal officer for actions under color of federal
office), it is ORDERED as follows:
(1) Plaintiff Jennifer Clark’s notice of withdrawal
(doc. no. 28) is treated as a motion to withdraw and
said motion is granted.
(2) Plaintiff Clark’s motion to remand to state court
(doc. no. 16) is withdrawn.
It is further ORDERED that plaintiff Clark’s motion
to reply (doc. no. 26) is denied as moot.
DONE, this the 25th day of February, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE