Jacks v. State of Nebraska et al

Filing 13

ORDER OF DISMISSAL AND REMAND - Counts II and III of Plaintiffs Complaint (Filing No. 1 -1) are dismissed without prejudice; All other pending motions are terminated as moot; and This matter is remanded to the District Court of Lancaster County, Nebraska, for further proceedings. Ordered by Chief Judge Laurie Smith Camp. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NATHANIEL JACKS,
Plaintiff,

4:14CV3215

vs.
STATE OF NEBRASKA, STEVE
WILSON, individually and in his official
capacity as Protection and Safety
Program Specialist for the Nebraska
Department of Health and Human
Services; and KERRY WINTERER,
individually and in his official capacity
as Chief Executive Officer of the
Nebraska Department of Health and
Human Services;

ORDER OF DISMISSAL
AND REMAND

Defendants.

This matter is before the Court on the Voluntary Dismissal without Prejudice and
Motion to Remand (Filing No. 12) submitted by Plaintiff Nathanial Jacks (“Plaintiff”).
Plaintiff seeks dismissal of Counts II and III of his Complaint (Filing No. 1-1), and
requests that the Court remand the remaining state tort claim, Count I, to the District
Court of Lancaster County, Nebraska. Defendants do not object to Plaintiff’s requests.
In accordance with Fed. R. Civ. P. 41(a)(2), the Court concludes that Plaintiff’s motion
should be granted; Counts II and III of his Complaint should be dismissed without
prejudice; and this matter should be remanded to state court. Accordingly,
IT IS ORDERED:
1. Counts II and III of Plaintiff’s Complaint (Filing No. 1-1) are dismissed without
prejudice;
2. All other pending motions are terminated as moot; and

3. This matter is remanded to the District Court of Lancaster County, Nebraska,
for further proceedings.
Dated this 26th day of January, 2015
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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