McFadyen v. Blount County Alabama et al

Filing 29

MEMORANDUM OPINION AND ORDER: As further set out in order, Plaintiffs motion is GRANTED, and the court REMANDS this action to the Blount County Circuit Court.Signed by Judge Abdul K Kallon on 05/29/2013. (CVA)

FILED
2013 May-29 AM 11:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
)
)
)
)
)
)
)
)
)
)

TANYA MCFADYEN,
Plaintiff,
vs.
BLOUNT COUNTY ALABAMA,
et al.,
Defendants.

Civil Action Number
2:13-cv-00804-UNAS-AKK

MEMORANDUM OPINION AND ORDER
Pursuant to 28 U.S.C. § 1447, Plaintiff Tanya McFadyen seeks to remand
the above captioned action to the Blount County Circuit Court, see doc. 24, based
on her Amended Complaint, doc. 23, which omitted the only federal claim in this
matter. Since Defendants removed this action based on the existence of federal
question jurisdiction, see doc. 1, Defendants concede that Plaintiff’s Amended
Complaint destroys federal jurisdiction, doc. 28 at 2. Accordingly, Plaintiff’s
motion is GRANTED, and the court REMANDS this action to the Blount County
Circuit Court.

1

DONE this 29th day of May, 2013.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2