Grigsby v. Young, No. 2:2011cv00573 - Document 6 (S.D.W. Va. 2011)

Court Description: MEMORANDUM OPINION AND ORDER granting 3 MOTION to Remand to Circuit Court; denying plaintiff's request for attorney's fees and costs and dismissing this case from the active docket. Signed by Judge Thomas E. Johnston on 10/19/2011. (cc: attys; any unrepresented party) (tmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LINDA LEE GRIGSBY, Plaintiff, v. CIVIL ACTION NO. 2:11-cv-00573 NOBLE YOUNG, Defendant. MEMORANDUM OPINION AND ORDER Pending before the Court is Plaintiff Linda Lee Grigsby s Motion to Remand. [Docket 3.] For reasons that follow, the Court GRANTS Plaintiff s Motion to Remand, DENIES Plaintiff s request for attorney s fees and costs, and DISMISSES this case from the active docket. I. BACKGROUND On August 23, 2011, Defendant Noble Young filed his Notice of Removal. (Docket 1.) Therein he states that he is a resident of West Virginia. (Id. at 1.) Notwithstanding this admission, he maintains that this Court has jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441 & 1444. (Id. at 2.) On September 22, 2011, Plaintiff filed her Motion to Remand. (Docket 3.) Therein Plaintiff contends that, pursuant to 28 U.S.C. § 1441(b), this Court lacks jurisdiction over this case because Defendant is a citizen of West Virginia. (Id. at 1.) Also, Plaintiff alleges, without further elaboration, that Defendant removed this case merely to gain unjust advantage over the Plaintiff and should therefore be awarded attorney s fees and costs. (Id. at 2.) Defendant s response to Plaintiff s remand motion was due October 11, 2011. Defendant has not filed a response to the motion. II. DISCUSSION Pursuant to 28 U.S.C. § 1441(b), civil actions that are not based on federal question jurisdiction shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought. Defendant s Notice of Removal indicates that Plaintiff s suit is a personal injury case and presents no claim or right arising under the Constitution, treaties or laws of the United States. (Docket 1-1 at 3.) Thus, where Defendant admits he is a citizen of the state in which this action was originally filed, this Court lacks jurisdiction over this matter pursuant to 28 U.S.C. § 1441(b). Accordingly, the Court GRANTS Plaintiff s Motion to Remand, DENIES Plaintiff s request for attorney s fees and costs, and DISMISSES this case from the active docket. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: October 19, 2011 2

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