Opinion
Civil Action 22-3788 22-3786 22-1478
02-03-2023
GRACE SMITH, ESQ, et al., v. NORTHAMPTON COUNTY, et al., GRACE SMITH, ESQ, et al., v. DR. TERESA MARLINO, et al.,
ORDER OF DISMISAL
MICHAEL M. BAYLSON, U.S.D.J.
AND NOW, this 3rd day of February, 2023, for the reasons stated in the foregoing Memoranda, it is hereby ORDERED:
1. All federal claims of the pro se Plaintiffs, Grace & Michael Smith, are DISMISSED with prejudice.
2. The Court declines pendent jurisdiction over Grace & Michael Smith's state law claims. This Order is without prejudice to filing their state law claims in state court.
3. As to all claims of the “baby” J.A. Smith, the claims are DISMISSED without prejudice, and with leave for Plaintiffs within thirty (30) days to either:
a. Retain counsel to represent “baby” J.A. or;
b. Petition the Court of Common Pleas of the appropriate Pennsylvania County with jurisdiction over baby J.A. for appointment of a guardian ad litem.