ROWE v. FINNAN et al
Filing
22
ORDER denying 8 Defendant's Motion to Relinquish Jurisdiction to the Madison Circuit Court. (See Order.) Signed by Judge Jane Magnus-Stinson on 6/23/2011. Copy to Plaintiff via U.S. mail. (LBK)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
JEFFREY ALLEN ROWE,
Plaintiff,
vs.
ALAN FINNAN, et al.,
Defendants.
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1:11-cv-524-JMS-MJD
Entry Discussing Plaintiff’s Motion to Relinquish Jurisdiction
The plaintiff=s motion to relinquish jurisdiction is treated as a motion to remand, and
finding the motion fully briefed, the court now makes its ruling.
Section 1447(c) of Title 28 provides that a “case” removed from state court “shall
be remanded” “[i]f at any time before final judgment it appears that the district court lacks
subject matter jurisdiction.”
The plaintiff’s argument for remand is foreclosed by Wisconsin Department of
Corrections v. Schacht, 524 U.S. 381 (1998). In Schacht, the Supreme Court held that §
1447(c) did not require a district court to relinquish its removal jurisdiction over a case with
multiple claims once it determined that one of the claims was barred by the Eleventh
Amendment. Id. at 392. Because “[a]n ordinary reading of the language indicates that [§
1447(c)] refers to an instance in which a federal court ‘lacks subject matter jurisdiction’
over a ‘case,’ and not simply over one claim within a case,” § 1447(c) does not require
remand of the entire case in these circumstances. Id. (quoting 28 U.S.C. § 1447(c)). The
federal court may hear the claims for which federal jurisdiction exists.
Based on the foregoing, therefore, the plaintiff=s motion to relinquish jurisdiction to
Madison Circuit Court [8] is denied.
IT IS SO ORDERED.
Date:
06/23/2011
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana
Distribution:
Wade J. Hornbacher
wade.hornbacher@atg.in.gov
David A. Arthur
David.Arthur@atg.in.gov
Jeffrey Allen Rowe
DOC #116017
Pendleton Correctional Facility
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064
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