Terry et al v. Newell et al
ORDER that 68 Court's Order granting Defendants' motions to dismiss shall be amended as set forth in this order. Signed by Judge David G Campbell on 4/7/14. (LSP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Kent Terry, et al.,
William Newell, et al.,
On November 15, 2013, the Court granted a motion to dismiss for lack of
jurisdiction filed by Defendant Emory Hurley (Doc. 52) and a motion to dismiss for lack
of jurisdiction filed by Defendants William Newell, George Gillett, David Voth, Hope
McAllister, Tonya English, and William McMahon (Doc. 53). Doc. 68. In light of
Janicki Logging Co. v. Mateer, 42 F.3d 561 (9th Cir. 1994), the Court concludes that the
case should not have been dismissed for lack of jurisdiction. The Court’s conclusions
regarding the lack of a viable Bivens claim were correct, and the claim was properly
dismissed, but it should have been dismissed for failure to state a claim. See id. at 563
(finding that the inability to state a cause of action under Bivens does not deprive a
district court of jurisdiction).
remaining state and federal claims and cross-claims asserted by the parties.
The Court will therefore retain jurisdiction over the
IT IS ORDERED that the Court’s order granting Defendants’ motions to dismiss
(Doc. 68) shall be amended as set forth above.
Dated this 7th day of April, 2014.
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