Marin v. Schmider

Filing 86

ORDER - IT IS HEREBY ORDERED THAT: 1. The Court adopts the R&R (Doc. No. 85) of MJ Schwab; 2. Defendants motion to dismiss Plaintiffs amended complaint (Doc. No. 74) is GRANTED; 3. Plaintiffs federal law claims are DISMISSED WITH PREJUDICE as the Cou rt finds that granting Plaintiff further leave to amend would be futile; 4. Given the Courts dismissal of Plaintiffs federal claims, the Court declines to exercise supplemental jurisdiction over Plaintiffs state law invasion of privacy claim, and therefore, Plaintiffs state law claim is DISMISSED WITHOUT PREJUDICE to Plaintiff refiling his claim in state court; and 5. The Clerk of Court is directed to close the above-captioned case. 74 85 Signed by Honorable Yvette Kane on 10/4/16. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MEL M. MARIN,
Plaintiff
v.
JOE SCHMIDER,
Defendant

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No. 1:14-cv-1523
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
Before the Court in the above-captioned action is the September 14, 2016 Report and
Recommendation of Magistrate Judge Schwab. (Doc. No. 85.) No timely objections have been
filed. ACCORDINGLY, this 4th day of October 2016, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1.

The Court adopts the Report and Recommendation (Doc. No. 85) of Magistrate
Judge Schwab;

2.

Defendant’s motion to dismiss Plaintiff’s amended complaint (Doc. No. 74) is
GRANTED;

3.

Plaintiff’s federal law claims are DISMISSED WITH PREJUDICE as the Court
finds that granting Plaintiff further leave to amend would be futile;

4.

Given the Court’s dismissal of Plaintiff’s federal claims, the Court declines to
exercise supplemental jurisdiction over Plaintiff’s state law invasion of privacy
claim, and therefore, Plaintiff’s state law claim is DISMISSED WITHOUT
PREJUDICE to Plaintiff refiling his claim in state court; and

5.

The Clerk of Court is directed to close the above-captioned case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania