James et al v. South Carolina Department of Corrections

Filing 15

ORDER re 11 MOTION to Remand to State Court filed by Isiah James, Jr. Plaintiffs' answers to the court's special interrogatories are due by September 10, 2013. Signed by Magistrate Judge Shiva V Hodges on 8/16/2013. (Attachments: # 1 Courts Special Interrogatories)(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Isiah James, Jr.; and George Lee
Tomlin,
Plaintiffs,
vs.
South Carolina Department of
Corrections, SCDC,
Defendant.

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C/A No.: 1:13-1936-TLW-SVH

ORDER

Defendant South Carolina Department of Corrections removed the abovecaptioned case from the Greenville County Court of Common Pleas on July 15, 2013.
[Entry #1]. On July 26, 2013, Plaintiff Isiah James, Jr., filed a motion to remand this case
to state court. [Entry #11]. It is unclear from the motion whether Plaintiffs intend to
raise federal claims in this case.
Plaintiffs are each directed to answer the attached special interrogatories by
September 10, 2013. Plaintiffs are advised that if they elect to pursue a state court
remedy alone, the undersigned would document this concession by recommending
remand of the case to state court. However, should the case be remanded to state court,
Plaintiffs would not be allowed to assert any federal claims in the state court action.
IT IS SO ORDERED.

August 16, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge