The Huntington National Bank et al v. Lewis

Filing 7

ORDER the Court sua sponte REMANDS this case to the Franklin County Common Pleas Court. Signed by Judge George C. Smith on 9/14/05. (lvw, ) Modified on 9/15/2005 (lvw, ).

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The Huntington National Bank et al v. Lewis Doc. 7 Case 2:05-cv-00844-GCS-MRA Document 7 Filed 09/14/2005 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION The Huntington National Bank, Plaintiff, -VCase No. 2:05-cv-0844 JUDGE SMITH Sidney T. Lewis, et al., Defendants. ORDER Plaintiffs removed this action to this Court from the Franklin County, Ohio Court of Common Pleas. The Complaint seeks a declaratory judgment that defendants are vexatious litigators pursuant to Ohio Rev. Code § 2323.52. Diversity of citizenship is lacking in this case. Furthermore, after careful review, the Court finds that the complaint, which asserts only state law claims, does not arise under the Constitution, laws, or treaties of the United States. This Court therefore lacks jurisdiction over this case and the 1 Dockets.Justia.com Case 2:05-cv-00844-GCS-MRA Document 7 Filed 09/14/2005 Page 2 of 2 case was improperly removed. The Court sua sponte REMANDS this case to the Franklin County Common Pleas Court. The Clerk shall remove this case from the Court's pending motions and cases lists. IT IS SO ORDERED. /s/ George C. Smith GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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