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)

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.

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