BURK v. WARREN COUNTY FREEHOLDERS et al

Filing 17

OPINION. Signed by Judge Mary L. Cooper on 5/17/2013. (gxh)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LINDA BURK,
Plaintiff,
v.
WARREN COUNTY FREEHOLDERS,
et al.,
Defendants.

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CIVIL ACTION NO. 13-811 (MLC)
O P I N I O N

THE COURT, in an order entered May 7, 2013, ordered the
plaintiff to advise, inter alia, whether she sought to recover
damages pursuant to the United States Constitution or 42 U.S.C. §
1983.

(See dkt. entry no. 15, 5-7-13 Order at 1-3.)

The Court

assumes that the parties are familiar with the contents of that
Order.
THE PLAINTIFF, “in response to the Court’s Order to Show
Cause, . . . notifies both Court and Counsel for the Defendants
herein that she relies on the provisions of the New Jersey
Constitution and not the provisions of the United States
Constitution”.

(See dkt. entry no, 16, Pl. Response at 1.)

As a

result, the Court lacks subject-matter jurisdiction here.
FOR GOOD CAUSE APPEARING, the Court will therefore (1)
dismiss the Complaint insofar as it may be construed to assert
claims pursuant to the United States Constitution or 42 U.S.C. §

1983, and (2) remand the action insofar as it concerns claims
asserted pursuant to state law to state court.

See 28 U.S.C. §

1367(c)(3) (authorizing district court to decline to exercise
supplemental jurisdiction when all claims over which it had
original jurisdiction are dismissed).

The Court will issue an

appropriate order and judgment.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:

May 17, 2013

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