Walker v. Lewis et al (JOINT ASSIGN)(MAG+)

Filing 24

ORDERED as follows: (1) that the 23 Recommendation is ADOPTED; (2) that Dft the Center for Medicare and Medicaid's 3 Motion to Dismiss is GRANTED; (3) that this court DECLINES to exercise its ancillary jurisdiction over the state-law claims against the nonfederal Dfts; (4) that this case is REMANDED to the Circuit Court of Lowndes County, Alabama, as having been "removed improvidently and without jurisdiction" in accordance with 28 USC § 1447(c). Williams v. City of Atlan ta, 794 F.2d 624, 62829 (11th Cir. 1986); and (5) that this court DEFERS ruling on Plf's 22 Motion for Allocation of Tentative Settlement Proceeds and Request for Evidentiary Hearing, leaving the motion to be addressed by the state court follo wing remand; further ORDERED that the Clerk of the Court is DIRECTED to take appropriate steps to effectuate the remand; copy mailed to Lowndes County Circuit Clerk as directed. Signed by Chief Judge William Keith Watkins on 4/28/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) Modified on 4/28/2015 (wcl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
QUINCY LAMONT WALKER,
as Personal Representative of the
Estate of John Norwood, deceased,
Plaintiff,
v.
LEON LEWIS, et al.,
Defendants.

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CASE NO. 2:14-CV-1118-WKW
[WO]

ORDER
On April 13, 2015, the Magistrate Judge filed a Recommendation in this
case to which no timely objections have been filed. (Doc. # 23.) Upon an
independent review of the file in this case, it is ORDERED as follows:
(1)

that the Recommendation (Doc. # 23) is ADOPTED;

(2)

that Defendant the Center for Medicare and Medicaid’s Motion to

Dismiss (Doc. # 3) is GRANTED;
(3)

that this court DECLINES to exercise its ancillary jurisdiction over

the state-law claims against the nonfederal Defendants;
(4)

that this case is REMANDED to the Circuit Court of Lowndes

County, Alabama, as having been “removed improvidently and without

jurisdiction” in accordance with 28 U.S.C. § 1447(c). Williams v. City of Atlanta,
794 F.2d 624, 628–29 (11th Cir. 1986); and
(5)

that this court DEFERS ruling on Plaintiff’s Motion for Allocation of

Tentative Settlement Proceeds and Request for Evidentiary Hearing (Doc. # 22),
leaving the motion to be addressed by the state court following remand.
It is further ORDERED that the Clerk of the Court is DIRECTED to take
appropriate steps to effectuate the remand.
DONE this 28th day of April, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE