Filing 5

REPORT AND RECOMMENDATIONS re 2 MOTION to Remand filed by TYRONE JOHNSON Objections, if any, to R&R due by 5/29/2015; Order granting pltf's request to file an amended complt.. Signed by Magistrate Judge Joseph A. Dickson on 5/15/2015. (nr, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TYRONE JOHNSON, Plaintiff, Civil Action No. 2:15-cv-00508(JLL)(JAD) v. ORDER/ REPORT AND RECOMMENDATION CITY OF BAYONNE, CAPTAIN ANTHONY LARINO, OFFICER MAHONEY, LT. DIEDRICH, and JOHN DOE (Fictitious Name), Defendants. JOSEPH A. DICKSON, U.S.M.J. This matter comes before the Court upon motion, (ECF No. 2), by Plaintiff Tyrone John n ("Plaintiff') to remand this action to the Superior Court of New Jersey, Law Division, Hud n County pursuant to 28 U.S.C. § 1447(c) (the "Motion to Remand"). Pursuant to Federal Rul Civil Procedure 78, no oral argument was heard. After having considered the parties' submissi and for good cause shown; and WHEREAS Plaintiff filed a Complaint on December 10, 2014 ( the "Complai (Complaint, ECF No. 1-1, at4) in the SuperiorCourtofNew Jersey, Law Division, Hudson Co against Defendants City of Bayonne, Officer Mahoney, and Lt. Diedrich (collectiv ly "Defendants"); and WHEREAS Defendants removed this action to this Court on January 23, 2015, assert g that removal was appropriate because Plaintiff alleges claims under the Federal Civil Rights USCA § 1983, and the Court can exercise supplemental jurisdiction over Plaintiff's state claims, (Notice of Removal, ECF No. 1, at 2); and 1 .. WHEREAS Plaintiff filed the instant Motion to Remand on February 05, 2015, requesti g that the Court grant Plaintiff leave to file an Amended Complaint, ("Proposed Amend d Complaint," ECF No. 2-2), which no longer asserts any claims under the Federal Civil Rights A t, (ECF No. 2-1, at 2); and WHEREAS if the Court grants Plaintiffs motion for leave to file the Proposed Amen d Complaint, Plaintiffs remaining claims are state law claims, and the Court will therefore 1 k subject matter jurisdiction over this action; and WHEREAS Defendants had the opportunity to, but did not oppose Plaintiffs request o file the Proposed Amended Complaint, nor Plaintiffs Motion to Remand; and WHEREAS pursuant to Fed. R. Civ. P. 15(a)(2), leave to amend should be "freely give when justice so requires ... "; and WHEREAS "[t]he grant or denial of leave to amend is a matter committed to the so discretion of the district court." Arab African Int'l Bank v. Epstein, 10 F.3d 168, 174 (3d 1993). The Third Circuit adopted a liberal approach to the amendment of pleadings under F R. Civ. P. 15 to ensure that "a particular claim will be decided on the merits rather than n technicalities." Dole v. Arco Chem. Co., 921 F.2d 484, 487 (3d Cir. 1990) (internal citati n omitted). Leave to amend a pleading may be denied if the court finds: (1) undue delay; (2) un e prejudice to the non-moving party; (3) bad faith or dilatory motive; or (4) futility of amendm Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000); and WHEREAS this Court finds that leave to amend the Complaint is appropriate under F R. Civ. P. 15(a)(2) because Plaintiffs motion is timely and there is no evidence of bad fai , dilatory motive, undue delay or futility of amendment; IT IS on this 15th day of May, 2015, 2 .. ORDERED that Plaintiffs request to file the Proposed Amended Complaint, (ECF 2), is GRANTED; and IT IS FURTHER ORDERED that the Proposed Amended Complaint, (ECF No. 2-2), s attached to Plaintiffs Motion to Remand, is deemed filed as of the date of this Order; and IT IS FURTHER THE RECOMMENDATION of this Court, that the action remanded for lack of subject matter jurisdiction, as the Proposed Amended Complaint, (ECF 2-2), does not assert any federal claims. SO ORDERED cc: Honorable. Jose L. Linares, U.S.D.J. 3 e

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