C.P. v. Kentucky High School Athletics Association
MEMORANDUM OPINION & ORDER: Upon the Court's own motion, this matter is REMANDED to the Fayette CC in the absence of jurisdiction to consider the matter further. Signed by Judge Joseph M. Hood on 9/20/2016.(SCD)cc: COR,D,Fayette CC(certified copy via US Mail)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON
C.P., a minor by and through
his mother and next friend,
Dawn Marie Mohon,
KENTUCKY HIGH SCHOOL
Civil No. 5: 16-361-JMH
MEMORANDUM OPINION & ORDER
This matter is before the Court upon its own motion.
Complaint, Plaintiff C.P. avers that the Kentucky High School
Athletics Association (“KHSAA”) has wrongfully determined that he
is ineligible to play interscholastic sports as a transfer student
because his transfer from the Warren Central High School District
to the Greenwood High School District, both in Bowling Green,
Kentucky, was not due to a bona fide change in residence as that
term is understood in the KHSAA’s Bylaw 6.
In his Complaint, he
claims that the KHSAA ruling is arbitrary and capricious and, thus,
Defendant removed the case to this Court under 28 U.S.C. §§
1441 and 1446 as a civil action of which this Court would have
original jurisdiction under 28 U.S.C. § 1331.
jurisdiction of all civil actions arising under the Constitution,
laws, or treaties of the United States.”
It is only in his Ex
Parte Motion for Temporary Injunction that C.P. states that he
capricious and in violation of his constitutional right to due
process guaranteed by both the state and federal constitutions and
Section 2 of the Kentucky Constitution.”
was not amended and, thus, the Court does not have original
Constitution of the United States.
It has been, if anything,
Accordingly, upon the Court’s own motion, this matter is
jurisdiction to consider the matter further.
This the 20th day of September, 2016.
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