Talon v. Dunn et al

Filing 7

ORDER denying as moot 4 Strafford County's Motion to Dismiss. Federal claims are dismissed with prejudice; State claims are dismissed without prejudice for lack of jurisdiction. Clerk to enter judgment and close the case. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Natalie Talon
v.

Civil No. 12-cv-389-JD

James Dunn and Strafford County
O R D E R
Natalie Talon brought a civil rights action, with state
claims, against James Dunn, the Director of Strafford County
Community Corrections, and Strafford County.

Strafford County

filed a motion to dismiss, and Talon’s motion for an extension of
time to respond to the motion was granted.

Talon has not made

service on Dunn.
Talon then moved to dismiss all of her federal claims, with
the assent of Strafford County.

In her motion, Talon explained

that she intended to file an action in state court.

The court

granted Talon’s motion on January 22, 2013.
Because the federal claims have been dismissed at an early
stage of the litigation, the court declines to exercise
jurisdiction over the remaining state claims.
1367(c)(3).

The state claims are denied without prejudice due to

lack of jurisdiction.
moot.

28 U.S.C. §

Strafford County’s motion to dismiss is

Conclusion
For the foregoing reasons, the plaintiff’s federal claims
are dismissed with prejudice.

The plaintiff’s state claims are

dismissed without prejudice for lack of jurisdiction.

Strafford

County’s motion to dismiss (document no. 4) is denied as moot.
The clerk of court shall enter judgment accordingly and
close the case.

SO ORDERED.

____________________________
Joseph A. DiClerico, Jr.
United States District Judge
January 29, 2013
cc:

Corey M. Belobrow, Esquire
Lawrence A. Vogelman, Esquire

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