Czekalski v. Cheshire County et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Jason A. Czekalski
v. Civil No. 16-cv-434-LM
Cheshire County and
Richard Van Wickler
REPORT AND RECOMMENDATION
Before the court in this removal action is a motion to
remand (Doc. No. 6). Defendants initiated this action in this
court by filing a notice of removal (Doc. No. 1), noting that
the complaint (Doc. No. 1-1) cites federal law and asserts
claims that appear to fall within this court’s federal question
jurisdiction. Plaintiff moved to remand (Doc. No. 6), asserting
that he intends to rely on state law causes of action for all of
his claims, and that the complaint cites federal law only by
analogy.
Defendants, through counsel, and plaintiff, pro se,
appeared at a hearing on November 30, 2016, on the motion to
remand. Plaintiff maintained in the hearing that the complaint
is intended to assert only state law claims. Plaintiff
stipulated on the record to the dismissal of any federal claims
in the case with prejudice.
Upon construing the complaint liberally, in light of
plaintiff’s filings and oral statements, the court concludes
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that there are no federal claims in the case. The case is
appropriately remanded. See 28 U.S.C. § 1447(c); see also
Robinson v. Roberts, No. 5:15-cv-512-DCN-KDW, 2015 U.S. Dist.
LEXIS 49463, at *9 (D.S.C. Mar. 20, 2015), R&R adopted, No.
5:15-cv-0512 DCN, 2015 U.S. Dist. LEXIS 50335 (D.S.C. Apr. 14,
2015). Accordingly, the district judge should grant the motion
to remand (Doc. No. 6).
Conclusion
For the foregoing reasons, the district judge should grant
the motion to remand (Doc. No. 6), and the case should be
remanded to the Merrimack County Superior Court. Any objections
to this Report and Recommendation must be filed within fourteen
days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2).
Failure to file objections within the specified time waives the
right to appeal the district court’s order. See Garayalde-Rijos
v. Mun. of Carolina, 747 F.3d 15, 21-22 (1st Cir. 2014).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
November 30, 2016
cc: Jason A. Czelkalski, pro se
John A. Curran, Esq.
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