Larry Hamilton v. Mark Stodola

U.S. Court of Appeals for the Eighth Circuit

Larry Hamilton v. Mark Stodola

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-2162 ___________________________

Larry Hamilton

lllllllllllllllllllllPlaintiff - 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

lllllllllllllllllllllDefendants - Appellees ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: May 17, 2019 Filed: May 22, 2019 [Unpublished] ____________

Before ERICKSON, WOLLMAN, and GRASZ, Circuit Judges. ____________

PER CURIAM. In this removed action raising state and federal claims, Larry Hamilton appeals following the district court’s1 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 (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. ______________________________

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

-2-

Reference

Status
Unpublished