Terry et al v. Newell et al

Filing 98

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)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 Kent Terry, et al., No. CV-12-02659-PHX-DGC Plaintiff, 9 10 v. 11 ORDER William Newell, et al., 12 Defendants. 13 On November 15, 2013, the Court granted a motion to dismiss for lack of 14 jurisdiction filed by Defendant Emory Hurley (Doc. 52) and a motion to dismiss for lack 15 of jurisdiction filed by Defendants William Newell, George Gillett, David Voth, Hope 16 McAllister, Tonya English, and William McMahon (Doc. 53). Doc. 68. In light of 17 Janicki Logging Co. v. Mateer, 42 F.3d 561 (9th Cir. 1994), the Court concludes that the 18 case should not have been dismissed for lack of jurisdiction. The Court’s conclusions 19 regarding the lack of a viable Bivens claim were correct, and the claim was properly 20 dismissed, but it should have been dismissed for failure to state a claim. See id. at 563 21 (finding that the inability to state a cause of action under Bivens does not deprive a 22 district court of jurisdiction). 23 remaining state and federal claims and cross-claims asserted by the parties. 24 The Court will therefore retain jurisdiction over the IT IS ORDERED that the Court’s order granting Defendants’ motions to dismiss 25 (Doc. 68) shall be amended as set forth above. 26 Dated this 7th day of April, 2014. 27 28

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