GETACHEW v. ALL A CART MANUFACTURING, INC.

Full title: ALEMAYEHU GETACHEW, Plaintiff, v. ALL A CART MANUFACTURING, INC., Defendant

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Jun 2, 2010

Civil Action 2:09-CV-1114 (S.D. Ohio Jun. 2, 2010)

Opinion

Civil Action 2:09-CV-1114.

June 2, 2010

OPINION AND ORDER

GEORGE SMITH, District Judge

Plaintiff asserts claims of breach of contract and negligence in connection with defendant's sale of plaintiff's cart. Plaintiff also asserts a claim of infliction of emotional distress in connection with defendant's issuance of a check to the plaintiff which was dishonored for insufficient funds. Defendant has filed a motion to dismiss the action for lack of subject matter jurisdiction. Doc. No. 12. On May 11, 2010, the United States Magistrate Judge denied plaintiff's request to convene a three-judge court. Opinion and Order, Doc. No. 18. This matter is now before the Court on plaintiff's appeal from that decision. Plaintiff's Appeal, Doc. No. 19.

This Court agrees with the United States Magistrate Judge that federal law does not authorize the convening of a three-judge court under the circumstances presented here. See 28 U.S.C. § 2284(a). Moreover, the Court's local rule establishing the procedures to be followed when a three-judge court is to be convened, S.D. Ohio Civ. P. 5.3, does not — and indeed cannot — serve to authorize the convening of a three-judge court when a federal statute prohibits that action.

Accordingly, plaintiff's motion to reconsider the decision of the United States Magistrate Judge, Doc. No. 19, is DENIED.