Davis v. City of Aransas Pass, Texas et al

Filing 8

ORDER denying 5 MOTION to Remand. The Court grants Davis leave to file an amended complaint on or before 9/9/2016.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

August 24, 2016
David J. Bradley, Clerk

JOHNNY LEE DAVIS,

§
§
Plaintiff,
§
VS.
§ CIVIL ACTION NO. 2:16-CV-228
§
CITY OF ARANSAS PASS, TEXAS, et al, §
§
Defendants.
§
ORDER
In a prior lawsuit against the City of Aransas Pass and Aransas Pass Police
Department, No. 13-cv-363, this Court dismissed Plaintiff Johnny Lee Davis’s federal
claims related to alleged defamation in the context of Defendants’ high profile murder
investigation. This Court declined to retain supplemental jurisdiction over Davis’s state
law claims and dismissed them without prejudice. Subsequently, Davis filed this action
in state court against the City of Aransas Pass, Aransas Pass Police Department, and three
of its officers, alleging state law defamation claims arising out of the same events as the
prior lawsuit. D.E. 1-4, pp. 5-17.
Because his pleading recites federal claims in addition to the state law claims,
Defendants removed the action to this Court pursuant to federal question jurisdiction, 28
U.S.C. § 1331. D.E. 1. Before the Court is Davis’s Motion to Remand to State Court
(D.E. 5) indicating that his intent was to pursue only his state law claims pursuant to this
Court’s prior Final Judgment. Because his pleading makes reference to rights secured by

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the United States Constitution and cognizable under 42 U.S.C. § 1983, a federal statute,
the Court DENIES the motion to remand.
However, the Court is aware that Davis is proceeding pro se and—as evidenced by
his motion—his invocation of federal law may have been a product of mistake rather than
representing an intention to seek remedies under federal law. Consequently, the Court
grants Davis leave to file an amended complaint on or before September 9, 2016. In the
event that Davis’s amended complaint voluntarily eliminates all federal claims from this
action, the Court will remand the action to state court for lack of federal jurisdiction. If
Davis does not eliminate his federal claims, this Court will proceed with this action.
ORDERED this 24th day of August, 2016.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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