Mach v. Arizona, State of et al

Filing 11

ORDER that the 9 Application to Proceed In Forma Pauperis is denied as moot. This matter is remanded to Maricopa County Superior Court and the Clerk of Court must mail them a certified copy of this order. The Clerk must close this case. Signed by Judge David G Campbell on 12/4/2013. (Attachments: # 1 Letter to Superior Court)(LFIG)

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MDR

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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William Chapman Mach,

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No. CV 13-1356-PHX-DGC (SPL)

Plaintiff,
vs.

ORDER

State of Arizona, et al.,

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Defendants.

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On July 8, 2013, Defendants State of Arizona, Arizona Department of Corrections,

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and Charles L. Ryan (“the Removing Defendants”) removed this case from the Superior

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Court of Maricopa County, Arizona. On July 15 and 16, 2013, respectively, Defendants

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Corizon, Inc. (Corizon) and Wexford Health Sources, Inc. (Wexford) consented to and

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joined the removal.

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In a July 17, 2013 order, the Court noted that removal was appropriate because the

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Amended Complaint alleged, among other things, a civil rights violation under 42 U.S.C.

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§ 1983. The Court dismissed the Amended Complaint because Plaintiff had failed to file

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on the court-approved form. See LRCiv 3.4. The Court gave Plaintiff 30 days to file a

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second amended complaint on a court-approved form.

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On August 15, 2013, Plaintiff filed a Second Amended Complaint (Doc. 8) and an

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Application to Proceed In Forma Pauperis (Doc. 9). His two-count Second Amended

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Complaint names Defendants State of Arizona, the Arizona Department of Corrections,

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Wexford, and Corizon. Plaintiff alleges a state-law negligence claim (Count One) and a

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state-law breach of contract claim (Count Two).

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jurisdiction over the case because he is only alleging state law claims.

He asserts that the Court lacks

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Although “jurisdiction must be analyzed on the basis of the pleadings filed at the

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time of removal without reference to subsequent amendments,” and “a plaintiff may not

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compel remand by amending a complaint to eliminate the federal question upon which

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removal was based,” Sparta Surgical Corp. v. Nat’l Ass’n of Sec. Dealers, Inc., 159 F.3d

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1209, 1213 (9th Cir. 1998), “a district court has discretion to remand to state court a

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removed case involving pendent claims upon a proper determination that retaining

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jurisdiction over the case would be inappropriate,” Carnegie-Mellon Univ. v. Cohill, 484

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U.S. 343, 357 (1988). “[W]hen the federal-law claims have dropped out of the lawsuit in

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its early stages and only state-law claims remain, the federal court should decline the

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exercise of jurisdiction by dismissing the case without prejudice.” Id. at 350 (footnote

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omitted).

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Regardless of whether Plaintiff may be attempting to manipulate the forum by

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deleting his federal-law claim, the Court, in its discretion, concludes that remand of the

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Second Amended Complaint “best serves the principles of economy, convenience,

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fairness, and comity which underlie the pendent jurisdiction doctrine.” Id. at 357. Thus,

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the Court will remand this case to the Maricopa County Superior Court.

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IT IS ORDERED:

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(1)

The Application to Proceed In Forma Pauperis (Doc. 9) is denied as moot.

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(2)

This matter is remanded to Maricopa County Superior Court.

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(3)

The Clerk of Court must mail a certified copy of this order to:
Michael K. Jeanes
Clerk of the Superior Court
Maricopa County, Arizona Superior Court
201 West Jefferson
Phoenix, Arizona 85003-2205

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(4)

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Dated this 4th day of December, 2013.

The Clerk of Court must close this case.

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