1:25-cv-00404•Beverly v. Clinton County Child Support Enforcement Agency (CSEA)
Beverly v. Clinton County Child Support Enforcement Agency (CSEA)
1:25-cv-00404OhsdFeb 23, 2026
Full text
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION DERRICK L. BEVERLY, Plaintiff, vs. CLINTON COUNTY CHILD SUPPORT ENFORCEMENT AGENCY, Defendant. : : : : : : : : : Case No. 1:25-cv-404 Judge Jeffery P. Hopkins ORDER ADOPTING REPORT AND RECOMMENDATION Plaintiff Derrick Beverly (“Plaintiff” or “Beverly”) initiated this pro se action in the Clinton County Court of Common Pleas. Defendant Clinton County Child Support Enforcement Agency (“CSEA”) (“Defendant” or “Clinton County CSEA”) subsequently removed the case to this federal court. Beverly then promptly filed a Motion to Remand to State Court (Doc. 3) (“Remand Motion”) on the basis that this Court lacked jurisdiction. In an interesting turn of events, after Defendant opposed Plaintiff’s motion, Plaintiff sought leave to file an amended complaint, wherein he alleges that jurisdiction is proper. See Doc. 10. On September 16, 2025, Chief Magistrate Judge Stephanie K. Bowman issued a Report and Recommendation, recommending that Plaintiff’s Motion to Remand to State Court (Doc. 3) be granted. The Magistrate Judge did not reach Plaintiff’s Motion for Leave to File an Amended Complaint (Doc. 10). Plaintiff now objects to the Magistrate Judge’s recommendation that Plaintiff’s Remand Motion should be granted. Doc. 12, PageID 113– 14. Clinton County CSEA has filed no objections, nor any response to Plaintiff’s objections. Case: 1:25-cv-00404-JPH-SKB Doc #: 15 Filed: 02/23/26 Page: 1 of 3 PAGEID #: <pageID>
2 For the reasons stated below, Plaintiff’s objections are OVERRULED, and the Report and Recommendation is ADOPTED in its entirety. I. STANDARD OF REVIEW If a party objects within the allotted time to a report and recommendation, the Court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C); see also Fed. R. Civ. P. 72(b). Upon review, the Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). II. LAW AND ANALYSIS Rather than address the Magistrate Judge’s comprehensive findings and conclusions, Beverly’s objections are largely a guised attempt to litigate his Motion for Leave to File Amended Complaint (Doc. 10). The Court declines to entertain Beverly’s request for leave to amend his complaint because as the Magistrate Judge aptly concluded, statutory authority “affords no discretion to a federal court to ignore its mandate that an improperly removed case ‘shall be remanded.’” Doc. 11, PageID 110 (quoting 28 U.S.C. § 1447(c)). To the extent that Beverly objects to the Magistrate Judge’s findings as to abstention, Beverly’s objections must be overruled. Beverly contends that he is not asking the Court to calculate, modify, or review child support orders, and thus abstention does not bar his claims. Doc. 12, PageID 114. But based on the allegations in his complaint, it appears that Beverly is seeking reimbursement of child support payments. Doc. 2, PageID 27–30. In fact, Beverly admits that the “relief sought would necessarily require the Court to review or interfere with the administration of a child support matter….” Doc. 3-1, PageID 36. All told, Beverly has failed to persuade this Court that the Magistrate Judge erred in finding that federal court Case: 1:25-cv-00404-JPH-SKB Doc #: 15 Filed: 02/23/26 Page: 2 of 3 PAGEID #: <pageID>
3 subject matter jurisdiction is lacking based on the Burrus abstention doctrine and its progeny, and the Rooker-Feldman doctrine. Finding no error, it is ORDERED that Plaintiff’s objections (Doc. 12) are OVERRULED, the Report and Recommendation (Doc. 11) is ADOPTED, and this case is REMANDED to the Clinton County Court of Common Pleas. IT IS SO ORDERED. February 23, 2026 Jeffery P. Hopkins United States District Judge Case: 1:25-cv-00404-JPH-SKB Doc #: 15 Filed: 02/23/26 Page: 3 of 3 PAGEID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.