Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
CORNELIUS A. ALLEN, )
)
Plaintiff, ) CIVIL ACTION FILE NO.:
)
v. ) 3:25-cv-00171-TES
)
GREENE COUNTY, ROBERT ALLEN )
KLINE, & JOHN DOES, in their official & )
individual capacities, )
)
Defendants. )
CONSENT ORDER OF DISMISSAL OF FEDERAL CLAIMS AND REMAND
This matter comes before the Court on the Withdrawal of all Plaintiff’s Federal Law Claims
& Plaintiff’s Motion to Remand (“Motion to Remand”) (Doc. 7), and as also reflected by the
consent signatures of undersigned counsel for the respective parties, this Order is also entered
based on the consent of the parties.
The Motion to Remand was filed on November 6, 2025, after the October 30, 2025 filing
by Defendant Greene County (the “County”) of its Notice of Removal (Doc. 1) and the November
4, 2025 filing of the County’s Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 6). On
November 6, 2025, Defendant Robert Allen Kline (“Kline”) also filed a Motion to Dismiss
Plaintiff’s Amended Complaint. (Doc. 8). The Motion to Remand first indicates that Plaintiff
withdraws all federal law claims against Defendants in the above-styled action and then moves for
the remand of this removed case based solely on lack of subject matter jurisdiction. The Court
construes Plaintiff’s stated withdrawal of all federal law claims against the County and Kline as a
motion to amend his operative Amended Complaint pursuant to Federal Rule of Civil Procedure
15 to omit all federal law claims against Defendants brought pursuant to 42 U.S.C. § 1983 or
otherwise. That motion to amend the Amended Complaint is hereby granted and all federal law
claims against Defendants brought pursuant to 42 U.S.C. § 1983 or otherwise are hereby dismissed
without prejudice. Given the dismissal of all federal law claims against Defendants, the Court
concludes that it now lacks federal subject matter jurisdiction over Plaintiff’s Amended Complaint
and supplemental jurisdiction over the remaining state law tort claims in the Amended Complaint.
28 U.S.C. § 1447(c); Royal Canin U. S. A., Inc. v. Wullschleger, 604 U.S. 22, 30, (2025) (“When
a plaintiff amends [his] complaint following [his] suit’s removal, a federal court’s jurisdiction
depends on what the new complaint says. If (as here) the plaintiff eliminates the federal-law claims
that enabled removal, leaving only state-law claims behind, the court’s power to decide the dispute
dissolves. With the loss of federal-question jurisdiction, the court loses as well its supplemental
jurisdiction over the state claims.”).
Accordingly, the Court remands the remaining state law tort claims in the Amended
Complaint to the Superior Court of Greene County based on this Court’s lack of subject matter
jurisdiction. Based on the instant dismissal of the federal law claims in this action and remand of
the remaining state law tort claims in the Amended Complaint to the Superior Court of Greene
County, the respective Motions to Dismiss filed in this Court by the County and Kline are denied
as moot.
In conclusion, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS:
1. All federal law claims in Plaintiff’s operative Amended Complaint against Defendants
brought pursuant to 42 U.S.C. § 1983 or otherwise are DISMISSED WITHOUT
PREJUDICE pursuant to Plaintiff’s statement of the withdrawal of all federal law
claims against them and the consent of the parties.
2. Plaintiff’s Motion to Remand is GRANTED based on the Court’s lack of subject matter
jurisdiction over the Amended Complaint, which now includes only state law tort
claims. This case is HEREBY REMANDED to the Superior Court of Greene County.
3. Based on this Order remanding the case and all remaining state law tort claims in the
Amended Complaint to the Superior Court of Greene County based on the Court’s lack
of subject matter jurisdiction over the case, Defendant Greene County’s Motion to
Dismiss Plaintiff’s Amended Complaint (Doc. 6) and Defendant Robert Allen Kline’s
Motion to Dismiss Plaintiff’s Amended Complaint (Doc. 8) are DENIED AS MOOT.
4. The parties shall each bear their own costs (including any attorney’s fees and expenses
of litigation) associated with the Notice of Removal and Motion to Remand.
5. The Clerk of Court is directed to take all necessary steps to effectuate the remand of
this case and the remaining state law tort claims in the Amended Complaint to the
Superior Court of Greene County, including forwarding a certified copy of this Order
to that court.
Because this Order resolves all pending issues before this Court, the Clerk of Court is
hereby directed to close this file.
SO ORDERED, this 7th day of November, 2025.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
Consented to and submitted by: Consented to and submitted by:
/s/ Ben D. Fierman /s/ Kenneth P. Robin
Ben D. Fierman Kenneth P. Robin
Georgia Bar No. 947222 Georgia Bar No. 609798
Martin L. Fierman Stephanie C. Johnson
Georgia Bar No. 259800 Georgia Bar No. 907937
FIERMAN LAW FIRM JARRARD & DAVIS, LLP
296 North Main Street 222 Webb Street
Madison, Georgia 30650-1313 Cumming, Georgia 30040
(706) 342-1661 – telephone 678-455-7150 – telephone
bdfierman@fiermanlawfirm.com krobin@jarrard-davis.com
mlfierman@fiermanlawfirm.com sjohnson@jarrard-davis.com
COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT GREENE
(signed by Kenneth P. Robin with express COUNTY
permission)
Consented to and submitted by:
/s/ Casey C. Crumbley
Casey C. Crumbley
Georgia Bar No. 741428
JAMES BATES BRANNAN GROOVER,
LLP
1 Press Place, Suite 200
Athens, Georgia 30601
(706) 215-8328 – telephone
ccrumbley@jamesbatesllp.com
COUNSEL FOR DEFENDANT ROBERT
ALLEN KLINE IN HIS OFFICIAL
AND INDIVIDUAL CAPACITIES
(signed by Kenneth P. Robin with express
permission)
Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.