Forcier v. Binette et al

Filing 15

ORDER granting 6 Motion to Dismiss for Failure to State a Claim; adopting 10 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 3/13/2017. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
MELISSA FORCIER,
)
)
Plaintiff,
)
)
v.
)
)
ARMAND E. BINETTE, in his official )
capacity as Senior Housing
)
Inspector of the Minimum Housing
)
Division of the City of Woonsocket,)
Rhode Island, and the CITY OF
)
WOONSOCKET, RHODE ISLAND,
)
)
Defendants.
)
___________________________________)

C.A. No. 16-121 S

ORDER
WILLIAM E. SMITH, Chief Judge.
Before the Court is Defendants’ Motion to Dismiss. (ECF No.
6.) The Complaint alleges that Defendants deprived Plaintiff of
a property interest in violation of the Fifth and Fourteenth
Amendments to the United States Constitution (Count I) as well
as several state laws (Counts 2-5). (See Compl. 13-15, ECF No.
1.)

This

Sullivan,
(Report

matter
who
and

specifically,
Plaintiff’s

was

referred

recommends

that

to

Defendants’

Recommendation

(“R

Magistrate

Judge

claims

arising

Magistrate

under

&

R”),

motion
ECF

Sullivan
the

Judge

Fifth

No.

be

Patricia
granted.

10.)

recommends
and

More
that

Fourteenth

Amendments be dismissed with prejudice because Plaintiff has not

alleged a deprivation of a constitutionally protected property
interest. With the federal claims dismissed, Magistrate Judge
Sullivan further recommends that Plaintiff’s state law claims be
dismissed without prejudice. (See id. at 22 n.13.) Plaintiff
filed an Objection, waiving certain previously-made arguments 1 ,
but

continuing

to

assert

that

Plaintiff

was

deprived

of

a

constitutionally protected property interest. (See Obj. to R & R
3, ECF No. 13-1.)
The substance of Plaintiff’s arguments in her Objection to
the

Report

and

Recommendation

were

previously

made

in

her

Objection to Defendants’ Motion to Dismiss (ECF No. 8-1) and are
addressed in Magistrate Sullivan’s Report and

Recommendation.

After careful consideration of Plaintiff’s arguments, the Court
ACCEPTS the Report and Recommendation’s finding that Plaintiff
fails to assert a constitutionally protected property interest
in her Complaint. Defendants’ Motion to Dismiss (ECF No. 6) is
therefore GRANTED. Plaintiff’s federal claims under the Fifth
and

Fourteenth

Amendments

(Count

1)

are

DISMISSED

WITH

PREJUDICE, and Plaintiff’s state law claims (Counts 2-5) are
DISMISSED WITHOUT PREJUDICE. Judgment shall enter accordingly.

1

Plaintiff withdrew her substantive due process arguments
as well as her claims against Defendant Binette. (See Obj. to R
& R 3, ECF No. 13-1.)
2

IT IS SO ORDERED.

William E. Smith
Chief Judge
Date: March 13, 2017

3