Nava v. Grounds et al

Filing 11

ORDER OF DISMISSAL (Illston, Susan) (Filed on 3/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESUS RODRIGUEZ,

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Plaintiff,

United States District Court
For the Northern District of California

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No. C 12-4714 SI (pr)
ORDER OF DISMISSAL

v.

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R.T.C. GROUNDS, et al.,

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Defendants.
/

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Jesus Rodriguez filed this pro se prisoner's civil rights action under 42 U.S.C. § 1983.

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The court reviewed his amended complaint under 28 U.S.C. § 1915A and dismissed it with leave

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to amend. He then filed a second amended complaint, which the court also has reviewed under

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§ 1915A. The second amended complaint does not cure the problems the court discussed in the

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order of dismissal with leave to amend. The Free Exercise Clause and Equal Protection Clause

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claims in the second amended complaint fail for the same reasons explained at pages 9-11 in the

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order of dismissal with leave to amend.

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This action is dismissed for failure to state a claim upon which relief may be granted as

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to the claims under 42 U.S.C. § 1983. Having resolved the § 1983 claims, only state law claims

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remain, and the court declines to exercise supplemental jurisdiction over them. See 28 U.S.C.

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§ 1367(c)(3). The state law claims are dismissed without prejudice to plaintiff pursuing them

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in state court. The clerk shall close the file.

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IT IS SO ORDERED.
Dated: March 4, 2013

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SUSAN ILLSTON
United States District Judge