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Tillman v. Mendes

United States District Court, E.D. California
Feb 2, 2006
No. 2:02-cv-2462-MCE-PAN (E.D. Cal. Feb. 2, 2006)

Opinion

No. 2:02-cv-2462-MCE-PAN.

February 2, 2006


ORDER OF DISMISSAL


By Memorandum and Order filed October 6, 2005, this Court dismissed Plaintiff's sole federal claim, which alleged a violation of 42 U.S.C. § 1983 against Defendants herein. Plaintiff was granted twenty (20) days leave to amend but has not filed any amended pleading. Consequently, Plaintiff's First Cause of Action, for violation of § 1983, is dismissed, with prejudice.

Because this Court, in the exercise of its discretion, elects not to exercise supplemental jurisdiction over the remaining six causes of action, which all allege claims sounding under state law, only, those claims are dismissed, without prejudice.Schneider v. TRW, Inc., 938 F.2d 986, 993-94 (9th Cir. 1991) (district court has wide discretion in deciding whether or not to retain supplemental jurisdiction after dismissal of the federal claim); Bass v. Parkwood Hosp., 180 F.3d 234, 246 (5th Cir. 1999) (dismissal of state claims upon federal court's declination of supplemental jurisdiction should be without prejudice). The Clerk of the Court is hereby directed to close this case.

IT IS SO ORDERED.


Summaries of

Tillman v. Mendes

United States District Court, E.D. California
Feb 2, 2006
No. 2:02-cv-2462-MCE-PAN (E.D. Cal. Feb. 2, 2006)
Case details for

Tillman v. Mendes

Case Details

Full title:CHERYLE TILLMAN, Plaintiff, v. JOHN MENDES, an individual; PLACER COUNTY…

Court:United States District Court, E.D. California

Date published: Feb 2, 2006

Citations

No. 2:02-cv-2462-MCE-PAN (E.D. Cal. Feb. 2, 2006)