Opinion
Civil Action 3:22-cv-01420
09-14-2023
FRANCISCO PAGAN, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
JOSEPH F. SAPORITO, JR., UNITED STATES MAGISTRATE JUDGE
AND NOW, this 14th day of September, 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The defendants' motion to dismiss (Doc. 30) is GRANTED;
2. Count I of the amended complaint (Doc. 26), asserting § 1983 Eighth Amendment deliberate indifference claims, is DISMISSED for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure;
3. The court DECLINES to exercise supplemental jurisdiction over Count II of the amended complaint (Doc. 26), asserting state-law negligence claims, pursuant to 28 U.S.C. § 1367(c)(3);
4. The plaintiff's surviving state-law negligence claims shall be REMANDED to the Court of Common Pleas of Cumberland County, Pennsylvania, for further proceedings, pursuant to the court's inherent authority to remand supplemental claims, see Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 357 (1988);and
See generally Salazar v. San Juan Cnty. Detention Ctr., 301 F.Supp.3d 992, 1008-09 (D.N.M. 2017) (“[A] remand under § 1367(c) is not, despite the text and structure of the relevant statutes, a remand under § 1447, but rather a remand under § 1367(c) and Carnegie-Mellon University v. Cohill.”).
5. The clerk shall mark this case as CLOSED.