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10-1857 - LEFANDE v. MISCHE-HOEGES


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10-1857 - LEFANDE v. MISCHE-HOEGES
October 20, 2016
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ORDER: The Court hereby ORDERS that Defendant's # 5 motion to dismiss is GRANTED with respect to all of Plaintiff's federal Constitutional claims brought pursuant to 42 U.S.C. § 1983, for failure to state a claim upon which relief can be granted because Plaintiff has not alleged any facts in his complaint that plausibly suggest that Defendant was acting under color of state law, i.e., performing her official duties, at the time that she engaged in any of the actions about which Plaintiff complains. The Court further ORDERS that the Court declines to exercise its supplemental jurisdiction over Plaintiff's remaining state-law claims, pursuant to 28 U.S.C. § 1367(c)(3), because the Court has dismissed all of Plaintiff's federal claims. Furthermore, the Court finds that, although this case has been pending before this Court for some time, having balanced all of the relevant factors, including, but not limited to, comity and judicial economy, the Court DISMISSES without prejudice Plaintiff's state-law claims. Signed by Judge Frederick J. Scullin, Jr. on 10/20/2016. (Scullin, Frederick)