Opinion
Civil Action 21-67-JWD-EWD
03-29-2022
PAULA A. GORDON, individually and on behalf of her minor grandchild, REP v. HUNTER V. GREENE, ET AL.
OPINION
JOHN W. DEGRAVELLES, JUDGE UNITED STATES DISTRICT COURT
After independently reviewing the entire record in this case and for the reasons set forth in the Magistrate Judge's Report dated March 12, 2022, (Doc. 29), to which an objection, (Doc. 30) was filed and considered;
IT IS ORDERED that the Motion to Dismiss, (Doc. 14), filed by Defendant Leslie Parker, is GRANTED, and that all federal claims asserted by Plaintiff Paula A. Gordon against Parker are DISMISSED as Plaintiff fails to adequately state a claim under 42 U.S.C. §§ 1983, 1985, and 1986.
Because the reasoning underlying the recommendation that Plaintiff's federal claims against Parker be dismissed also applies to Plaintiff's federal claims against Defendant Dennis Fitzgerald, IT IS FURTHER ORDERED that all federal claims asserted by Plaintiff against Fitzgerald are DISMISSED on the Court's own motion.
IT IS FURTHER ORDERED that because all of Plaintiff's federal claims have been dismissed, the Court declines to exercise supplemental jurisdiction under 28 U.S.C. § 1367 over Plaintiff's state law claims.
IT IS FURTHER ORDERED that Plaintiff is given thirty (30) days to file an amended complaint if she believes she can allege sufficient facts to establish her claims against Defendants Parker and/or Fitzgerald, considering her Fed. R. Civ. Proc. 11 obligations.
IT IS FURTHER ORDERED that the Motion to Deny Entry of Judgment and Motion for Leave of Court to File Responsive Pleadings, (Doc. 26), filed by Defendant Dennis Fitzgerald, is TERMINATED as moot in light of the sua sponte recommendation regarding Plaintiff's claims against him. If Plaintiff amends her complaint, Fitzgerald should be permitted to respond.