HAMILTON v. STODOLA LLC LLC LLC (2019)

United States Court of Appeals, Eighth Circuit.

Larry HAMILTON Plaintiff - Appellant v. Mark STODOLA, In his official capacity as Mayor of the City of Little Rock, Arkansas; City of Little Rock; Brittany Godfrey; Mitchel Jackson; Ditech Financial LLC; Green Tree Servicing LLC; Kamal Ellis; Clean Sweep Management LLC Defendants - Appellees

No. 18-2162

Decided: May 22, 2019

Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges.

Larry Hamilton, Pro Se Alexander Julian Betton, Thomas Milton Carpenter, David Clifford Sward, City Attorney's Office, Little Rock, AR, for Defendants-Appellees Mark Stodola, City of Little Rock, Brittany Godfrey, Mitchel Jackson Ashley Welch Hudson, Kyle T. Unser, Kutak & Rock, Fayetteville, AR, for Defendants-Appellees Ditech Financial LLC, Green Tree Servicing LLC Devin R. Bates, David Koehler, Stuart Paul Miller, Nathan A. Read, Mitchell & Williams, Rogers, AR, for Defendants-Appellees Kamal Ellis, Clean Sweep Management LLC

[Unpublished]

In this removed action raising state and federal claims, Larry Hamilton appeals following the district court’s ¹ grant of summary judgment on his federal claims, and remand to state court to address his state law claims. Having carefully reviewed the evidentiary record and the parties’ arguments on appeal, we find that the district court did not err in granting summary judgment on the federal claims and did not abuse its discretion in remanding the state law claims. See Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006) (grant of summary judgment is reviewed de novo); Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357, 108 S.Ct. 614, 98 L.Ed.2d 720 (1988) (district court has discretion to remand a removed case to state court when all federal law claims have been eliminated and only state claims remain). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law