Disanto et al v. Thomas

Filing 42

ORDER denying Thomas' 37 Motion to Strike and 38 Motion for relief from judgment, and this case remains CLOSED. Signed by Chief Judge Lisa G. Wood on 3/25/2016. (ca)

n the thtfteb Otatto 30tarta Court
for the boutbern flitrid Of georgia
39aytroa 39tbioion
DORENE DISANTO; KAREN LAWSON;
MARGARET CARTWRIGHT; STATE OF
OHIO; and MIKE DEWINE,
Plaintiffs,

THOMAS L. THOMAS,
Defendant.

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CIVIL ACTION NO.: 5:15-cv-36

ORDER

Before the Court is Defendant Thomas L. Thomas' ("Thomas")
Motion to Strike and Demand to Hold Plaintiffs-Respondents
Attorneys in Contempt, dkt. no. 37, and Motion for Relief from
Judgment, dkt. no. 38. After careful consideration, the Court
DENIES Thomas' Motions.

Thomas, a resident of Brantley County, Georgia, filed a
Notice of Removal in this Court pursuant to 28 U.S.C. § 1441,
seg.,

28

U.S.C. §§ 1331

and

1332,

and

25 U.S.C. § 1901,

et

et seq.,

on May 26, 2015. Dkt. No. 1. Karen Lawson, a judge with the
Lake county, Ohio, Juvenile Court, and Margaret Cartwright, a
support officer with the Lake County, Ohio, Department of Job
and Family Services, Child Support Enforcement Division, filed a

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(Rev. 8/82)

Motion for Remand on June 23, 2015. Dkt. No. 12. The
Magistrate Judge recommended the Court grant the Motion for
Remand by Report dated February 2, 2016. Dkt. No. 32. Therein,
the Magistrate Judge determined this Court lacks jurisdiction to
hear this case, which is a child custody dispute. Id. The
Court adopted the Magistrate Judge's Report and Recommendation
as the opinion of the Court, over Plaintiff's Objections, by
Order dated February 19, 2016. Dkt. No. 35. Thus, this case
was remanded to the Lake County, Ohio, Court of Common Pleas.
Id. at p. 1. Judgment was entered on February 22, 2016. Dkt.
No. 36.
Subsequent to this Court's remand and entry of judgment,
Defendant filed the instant Motion to Strike and Demand to Hold
Plaintiffs-Respondents Attorneys in Contempt, dkt. no. 37, and
Motion for Relief from Judgment, dkt. no. 38. Plaintiffs
Cartwright and Lawson filed Responses opposing these Motions.
This case has been remanded to the Ohio court, and judgment
has been entered closing this case. Pursuant to 28
U.S.C. § 1447(d) "[a]n order remanding a case to the State court
from which it was removed is not reviewable on appeal or
otherwise[.]" Consequently, this Court cannot review or
reconsider its remand order. Bender v. Mazda Motor Corp., 657
F.3d 1200, 1204 (11th Cir. 2011) ("Thus, even if the district
court erroneously remanded the case to state court, § 1447(d)
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prohibits the district court from reconsidering its remand order
because the district court no longer had jurisdiction over the
case. The case has been removed to state court and that is
where it will stay.").
As made clear by this Court's previous Orders, this Court
lacks jurisdiction to hear this matter. In addition, a review
of Defendant's filings reveals little more than the reiteration
of his previous filings. Thus, the Court sees no ground or
authority to disturb its prior rulings.
Motions are DENIED, and
SO ORDERED, this

tly, Thomas'

s case remains
of

LISA GODBEY KO , CHIEF JUDGE
UNITED STAT S DI CT CO SOUTHERN D TRICT OF GEORGIA

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1

2016.