Crowson v. Tankersley, et al

Filing 13

ORDER REMANDING CASE to the Circuit Court of Johnson County, AR, and dismissing Brian Tankersley as a defendant in this action. Signed by Honorable Robert T. Dawson on August 3, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TOM MARK CROWSON v. BRIAN TANKERSLEY and IVA CAROL FISHER HOING ORDER Before the Court are Plaintiff's pro se Motion to Dismiss Separate Defendant Brian Tankersley and to Remand (Doc. 7) and Tankersley's Response (Docs. 10-11). originally Arkansas. as the filed in the District Plaintiff's Complaint was Court of Johnson County, CASE NO. 09-2067 DEFENDANTS PLAINTIFF

The United States of America removed it to this Court purported to state a tort claim against

Complaint

Tankersley related to his employment with the Department of Veterans Affairs. Plaintiff now seeks to voluntarily dismiss Tankersley and requests the Court to remand this case to state court as only state law claims remain. Motion should be GRANTED. The Court finds that Plaintiff's Accordingly, Brian Tankersley is Further, to the extent

DISMISSED as a defendant in this action.

state law claims remain in Plaintiff's Complaint, this case is REMANDED to the Circuit Court of Johnson County, Arkansas. IT IS SO ORDERED this 3rd day of August 2009. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

AO72A (Rev. 8/82)