Roberts v. Spielman

Filing 39

ORDER dismissing Plaintiff's state law claims and directing Clerk to enter final judment. Ordered by Judge Hugh Lawson on 7/19/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SANDRA ROBERTS,
Plaintiff,
CASE NO. 5:09-CV-248 (HL)
v.
JASON SPIELMAN,
Defendant.
ORDER
This matter is before the Court on remand from the United States Court of Appeals
for the Eleventh Circuit. The Eleventh Circuit found that Defendant Jason Spielman was
entitled to qualified immunity as to the federal claims pending against him. The appellate
court thus remanded the case to this Court for the purpose of entering judgment in favor
of Defendant on Plaintiff’s federal claims.
As noted by the Eleventh Circuit, Plaintiff’s claims against Defendant under the
Georgia Constitution and Georgia state law are still pending. However, given that all of
Plaintiff’s federal claims have been dismissed, pursuant to 28 U.S.C. § 1367(c), the Court
declines to exercise supplemental jurisdiction over the state claims. Plaintiff’s state law
claims are dismissed without prejudice.
There being no further claims remaining, the Clerk is directed to enter final judgment
in this case.
SO ORDERED, this the 19th day of July, 2011.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
mbh