Flora v. Luzerne County et al

Filing 17

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE (1)the defendants motion to dismiss the plaintiffs complaint, (Doc. No. 9), is GRANTED;(2)the plaintiffs First Amendment retaliation claim is dismissed with prejudice for the plaintiffs failure to state a claim upon which relief can be granted;(3)the plaintiffs state law claims are dismissed without prejudice to re-filing in the state court as this court declines to exercise supplemental jurisdiction over those claims;(4)the plaintiffs motion for a preliminary injunction, (Doc. No. 4), is DISMISSED; and(5)the Clerk of Court is directed to close this case.Signed by Honorable Malachy E Mannion on 3/10/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
AL FLORA, JR.,

:
CIVIL ACTION NO. 3:13-1049

Plaintiff

:

v.

:
(JUDGE MANNION)

LUZERNE COUNTY and ROBERT :
LAWTON, County Manager,
in his official capacity,
:
Defendants

:
ORDER

In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

the defendants’ motion to dismiss the plaintiff’s complaint,
(Doc. No. 9), is GRANTED;

(2)

the plaintiff’s First Amendment retaliation claim is dismissed
with prejudice for the plaintiff’s failure to state a claim upon
which relief can be granted;

(3)

the plaintiff’s state law claims are dismissed without
prejudice to re-filing in the state court as this court declines
to exercise supplemental jurisdiction over those claims;

(4)

the plaintiff’s motion for a preliminary injunction, (Doc. No.
4), is DISMISSED; and

(5)

the Clerk of Court is directed to close this case.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: March 10, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-1049-01.ORDER.wpd

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