Werner v. Correctional Medical Services

Full title: KEITH A. WERNER, Plaintiff, v. CORRECTIONAL MEDICAL SERVICES, et al.…

Court: United States District Court, D. New Jersey

Date published: Dec 2, 2008

CIVIL ACTION NO. 08-4663 (MLC) (D.N.J. Dec. 2, 2008)

Opinion

CIVIL ACTION NO. 08-4663 (MLC).

December 2, 2008

MEMORANDUM OPINION

MARY COOPER, District Judge

THE PLAINTIFF bringing this action in state court to recover damages pursuant to (1) the United States Constitution, 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act ("Federal Claims"), and (2) state law ("State Claims") (dkt. entry no. 1, Compl. at 3); and the defendants removing the action based upon the Federal Claims (dkt. entry no. 1, Rmv. Not. at 1-2), see 28 U.S.C. § 1331; and

THE PLAINTIFF now moving to (1) dismiss the Federal Claims, and (2) remand the action insofar as it concerns the State Claims to state court ("Motion") (dkt. entry no. 4, Pl. Br. at 2-4); and it appearing that the Motion is unopposed; and

THE COURT intending to (1) grant the Motion, (2) dismiss the Federal Claims, and (3) remand the action insofar as it concerns State Claims to state court; and the Court being authorized to decline to exercise jurisdiction over the remaining State Claims, see 28 U.S.C. § 1367(c)(3); and for good cause appearing, the Court will issue an appropriate order and judgment.