Sisk v. Branch

Filing 16

ORDER granting in part and denying in part 6 Motion to Dismiss; remanding case back to State Court. Signed by Judge Norman K. Moon on 5/4/2011. (mab)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION CIVIL ACTION NO. 3:11-CV-11 JAMES E. SISK, JR., Plaintiff, v. ORDER JAMES H. BRANCH, JR. JUDGE NORMAN K. MOON Defendant. This matter is before the court upon consideration of Defendant’s motion to dismiss with prejudice. (docket no. 6). For the reasons set forth in the accompanying memorandum opinion, the motion is hereby GRANTED IN PART. Specifically, Plaintiff’s claim under 42 U.S.C. § 1983 is DISMISSED with prejudice. However, as I decline to address the remaining state law claims, the case is REMANDED to the Circuit Court for Culpeper County for appropriate disposition, and stricken from the active docket of this court. It is so ORDERED. The Clerk of the of the Court is directed to send a certified copy of this order and the accompanying opinion to all counsel of record, and to the Clerk of the Circuit Court for Culpeper County. 4th Entered this ______ day of May, 2011. 1

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