Pritchett v. Miller et al, No. 2:2023cv00126 - Document 8 (S.D. Ala. 2023)

Court Description: MEMORANDUM OPINION & ORDER, 3 Motion to Dismiss is GRANTED as set out, & the VA is terminated as a party to this action. 7 Motion to Remand is GRANTED as set out. The Clerk is DIRECTED to effectuate the remand. Signed by District Judge Terry F. Moorer on 10/10/23. (tot)

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Pritchett v. Miller et al Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION SHERWANNA KING PRITCHETT, Plaintiff, v. SUSAN D. MILLER, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 2:23-cv-126-TFM-MU MEMORANDUM OPINION AND ORDER Pending before the Court are the United States’ Motion to Dismiss Plaintiff’s Complaint (Doc. 3, filed 05/23/23) filed by Defendant Tuscaloosa VA Medical Center and the Motion to Remand (Doc. 7, filed 8/16/23). The two motions are intertwined and will be addressed together here. On April 14, 2023, the United States filed its notice of removal on behalf of the Tuscaloosa Veterans Administration Medical Center (“VA”) indicating that it is removable due to federal agency/officer removal pursuant to 28 U.S.C. § 1442(a)(1). See Doc. 1. Afterwards, it filed its motion to dismiss to assert a lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) and insufficient service of process under Fed. R. Civ. P. 12(b)(5). Plaintiff filed her responses saying that the VA’s motion is well taken and that the motion to dismiss should be granted. See Docs. 5, 6. Plaintiff then stated that once the VA is dismissed that the case should be remanded to the Dallas County Circuit Court. Having reviewed the VA’s motion, Plaintiff’s responses, and the motion to remand, the Court concurs with the analysis presented therein. As such, the Motion to Dismiss (Doc. 3) is Page 1 of 2 Dockets.Justia.com GRANTED and the VA is terminated as a party to this action. As a result, it is then appropriate to GRANT the Motion to Remand (Doc. 7). The Clerk of Court is DIRECTED to effectuate the remand. DONE and ORDERED this 10th day of October, 2023. /s/ Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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