Nava v. Grounds et al

Filing 11

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

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JESUS RODRIGUEZ, 9 Plaintiff, United States District Court For the Northern District of California 10 No. C 12-4714 SI (pr) ORDER OF DISMISSAL v. 11 R.T.C. GROUNDS, et al., 12 Defendants. / 13 14 Jesus Rodriguez filed this pro se prisoner's civil rights action under 42 U.S.C. § 1983. 15 The court reviewed his amended complaint under 28 U.S.C. § 1915A and dismissed it with leave 16 to amend. He then filed a second amended complaint, which the court also has reviewed under 17 § 1915A. The second amended complaint does not cure the problems the court discussed in the 18 order of dismissal with leave to amend. The Free Exercise Clause and Equal Protection Clause 19 claims in the second amended complaint fail for the same reasons explained at pages 9-11 in the 20 order of dismissal with leave to amend. 21 This action is dismissed for failure to state a claim upon which relief may be granted as 22 to the claims under 42 U.S.C. § 1983. Having resolved the § 1983 claims, only state law claims 23 remain, and the court declines to exercise supplemental jurisdiction over them. See 28 U.S.C. 24 § 1367(c)(3). The state law claims are dismissed without prejudice to plaintiff pursuing them 25 in state court. The clerk shall close the file. 26 27 28 IT IS SO ORDERED. Dated: March 4, 2013 _______________________ SUSAN ILLSTON United States District Judge

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