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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JEFFREY ALLEN ROWE, Plaintiff, vs. ALAN FINNAN, et al., Defendants. ) ) ) ) ) ) ) ) 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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