HARRIS v. DEPARTMENT OF CORRECTIONS et al
Filing
9
OPINION filed. Signed by Judge Mary L. Cooper on 5/23/2011. (eaj)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GOLDA HARRIS,
Plaintiff,
v.
DEPARTMENT OF CORRECTIONS,
et al.,
Defendants.
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CIVIL ACTION NO. 11-2018 (MLC)
O P I N I O N
THE COURT ordered the parties to show cause why the action
should not be remanded to state court for, inter alia, lack of
subject matter jurisdiction.
Cause.)
(Dkt. entry no. 5, Order To Show
The plaintiff pro se brought this action in New Jersey
state court.
(Dkt. entry no. 1, Rmv. Not., Ex. A, Compl.)
The
defendants removed the action pursuant to 28 U.S.C. § 1331,
asserting that the plaintiff lists claims arising under federal
law.
(See Rmv. Not. at 2-3.)
The Complaint is poorly drafted,
but the plaintiff does state therein that “plaintiff is making no
federal or civil rights claims”.
(Compl. at 8.)
Thus, it
appeared that the Court may lack subject matter jurisdiction.
THE COURT thus issued the Order To Show Cause, and ordered
the plaintiff to state in her response whether her intention was
to assert claims pursuant to state law only.
(Order To Show
Cause at 2.)
THE PLAINTIFF in her response states that she only seeks
relief, and makes claims, pursuant to state law.
(See dkt. entry
no. 8, Pl. Response at 2-3.)
There is no need for a further
response from the defendants, as the plaintiff has now made her
intentions known.
Therefore, the Court will (1) grant the Order
To Show Cause to the extent that it concerns remand for lack of
subject matter jurisdiction, (2) dismiss the Complaint insofar as
it may be construed to seek relief pursuant to federal law, and
(3) remand the action insofar as it seeks relief pursuant to
state law.
FOR GOOD CAUSE APPEARING, the Court will issue an appropriate
order and judgment.
s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:
May 23, 2011
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