Rose v. City of Cleveland et al

Filing 33

Opinion and Order. Plaintiff's Motion to Remand (Related doc # 31 ) is granted. Case is remanded to the Cuyahoga County Court of Common Pleas for further adjudication. Judge Christopher A. Boyko on 8/27/2014. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

TERRY A. ROSE,
Plaintiff,
Vs.
CITY OF CLEVELAND, ET AL.,
Defendant.

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CASE NO.1:13CV642
JUDGE CHRISTOPHER A. BOYKO

OPINION AND ORDER

CHRISTOPHER A. BOYKO, J:
This matter is before the Court on Plaintiff Terry A. Rose’s Motion to Remand (ECF #
31). According to Plaintiff, on March 25, 2013, Defendants removed the above-captioned
case from Cuyahoga County Court of Common Pleas to this Court due to Plaintiff’s federal
Constitutional claims against the City of Cleveland and Officer Dickens. Plaintiff has
subsequently filed a Notice of Dismissal of her claims against the City of Cleveland and
Dickens, therefore, there remains only state law claims against Defendant Marymount.
Plaintiff motions the Court to remand the case back to state court since no federal question
remains. Defendant Marymount does not object to remand.
28 U.S.C. § 1367 grants the district courts supplemental jurisdiction over state claims
related to claims over which the district courts possess original jurisdiction. However, a

district court may decline to exercise supplemental jurisdiction over such related claims, if
“the district court has dismissed all claims over which it has original jurisdiction.” 28 U.S.C.
§ 1367(c)(3).
There being no remaining claims over which this Court has original jurisdiction, the
Court declines to exercise its supplemental jurisdiction over Plaintiff’s remaining state law
claims and remands the above-captioned case back to Cuyahoga County Court of Common
Pleas for further adjudication.
IT IS SO ORDERED.

s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge
Dated: August 27, 2014