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Ferrone v. Onorato

United States District Court, W.D. Pennsylvania
Jan 19, 2007
Civil Action No. 05-484 (W.D. Pa. Jan. 19, 2007)

Summary

finding no due process violation in ordinary breach of contract claim where state provides post-deprivation judicial remedy

Summary of this case from Jones v. Township of Middletown

Opinion

Civil Action No. 05-484.

January 19, 2007


MEMORANDUM ORDER


On August 23, 2006, this case was reassigned to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

On December 19, 2006, the magistrate judge issued a Report (Doc. 141) recommending that the Defendants' Motions to Dismiss (Docs. 92, 95, 98, 102, 104, 112 132) be granted regarding the Plaintiffs' only remaining federal claim, and otherwise denied as moot.

Service of the Report and Recommendation was made on the parties, and the Plaintiffs filed objections on January 8, 2007. See Doc. 142.

After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the objections thereto, the following Order is entered:

AND NOW, on this 19th day of Jan., 2007, IT IS HEREBY ORDERED that the Defendants' Motions to Dismiss ( Docs. 92, 95, 98, 102, 104, 112 132) are GRANTED regarding the Plaintiffs' only remaining federal claim of procedural due process. Said claim is DISMISSED WITH PREJUDICE, and the Court hereby declines to exercise supplemental jurisdiction over the state law claims. Those claims are DISMISSED WITHOUT PREJUDICE to refiling in state court, and the clerk is directed to mark this case closed.

Finally, the Report and Recommendation dated December 19, 2006 is adopted as the opinion of the District Court.


Summaries of

Ferrone v. Onorato

United States District Court, W.D. Pennsylvania
Jan 19, 2007
Civil Action No. 05-484 (W.D. Pa. Jan. 19, 2007)

finding no due process violation in ordinary breach of contract claim where state provides post-deprivation judicial remedy

Summary of this case from Jones v. Township of Middletown
Case details for

Ferrone v. Onorato

Case Details

Full title:ROCK FERRONE, et al., Plaintiffs, v. DAN ONORATO, et al., Defendants

Court:United States District Court, W.D. Pennsylvania

Date published: Jan 19, 2007

Citations

Civil Action No. 05-484 (W.D. Pa. Jan. 19, 2007)

Citing Cases

Jones v. Township of Middletown

See Boyd, 105 F. App'x at 386-87 (whether change in benefits constitutes a breach of contract turns on state…