Opinion
Civ. No. 3:19-17943 (BRM) (ZNQ)
08-19-2020
RODNEY JACKSON, et al., Plaintiffs, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, et al., Defendants.
MEMORANDUM ORDER
THIS MATTER is before this Court on Plaintiffs' civil complaint removed from state court.
IT APPEARING THAT:
1. On June 29, 2020, the Court issued an opinion and order granting Defendants' motion to dismiss in part, and denying in part. (ECF Nos. 14-15.)
2. In light of the remaining claims solely consisting of alleged violations of New Jersey state law, this Court declines to exercise supplemental jurisdiction. See 28 U.S.C. § 1367(c)(3) ("The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if- the district court has dismissed all claims over which it has original jurisdiction."). Therefore, the Court will remand the state law claims to the state court pursuant to 28 U.S.C.A. § 1441(c)(2). See Borough of West Mifflin v. Lancaster, 45 F.3d 780, 788 (3d Cir. 1995) ("While § 1367(c) does not specify what disposition the district court is to make of state claims it decides not to hear, based on the teachings of Carnegie-Mellon, we believe that in a case that has been removed from a state court, a remand to that court is a viable alternative to a dismissal without prejudice.") (citations omitted). Accordingly, for these reasons and for good cause appearing,
IT IS this 19th day of August 2020,
ORDERED that Plaintiff's state law claims are REMANDED to the Superior Court of New Jersey, Monmouth County; and it is further
ORDERED that the Clerk of the Court shall mark this case CLOSED.
/s/ Brian R . Martinotti
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE