Summary
The United States District Court for the District of New Mexico dismissed Plaintiff Charles Patrick Wilson’s federal civil-rights claims after he failed to file an amended complaint addressing deficiencies identified in the Court’s screening ruling. The Court dismissed the 42 U.S.C. § 1983 claims with prejudice for failure to state a cognizable claim and declined supplemental jurisdiction over any state-law claims, dismissing those claims without prejudice. The order directed that a separate judgment closing the case be entered.
Holdings
- The federal § 1983 claims in the original complaint must be dismissed with prejudice for failure to state a cognizable claim under 28 U.S.C. § 1915A and Federal Rule of Civil Procedure 12(b)(6), where Plaintiff failed to timely amend after being given an opportunity and warned of the consequences.
- The court declined to exercise supplemental jurisdiction over the state-law claims and dismissed them without prejudice because no federal claims remained.
Questions Presented
- Whether the court should dismiss the federal claims after Plaintiff failed to amend a complaint previously found not to state a cognizable claim under the Constitution or 42 U.S.C. § 1983.
- Whether the court should exercise supplemental jurisdiction over the state-law claims after dismissal of all federal claims.
Disposition
dismissed
Cases Cited (7)
- United States v. Smalls, 605 F.3d 765, 768 n.2 (10th Cir. 2010)(followed)
- In re Syngenta AG MIR 162 Corn Litig., 61 F.4th 1126, 1170 (10th Cir. 2023)(followed)
- Firstenberg v. City of Santa Fe, N.M., 696 F.3d 1018, 1023 (10th Cir. 2012)(followed)
- Trask v. Franco, 446 F.3d 1036, 1046 (10th Cir. 2006)(followed)
- Reynoldson v. Shillinger, 907 F.2d 124, 126 (10th Cir. 1990)(followed)
- Novotny v. OSL Retail Servs. Corp., 2023 WL 3914017, at *1 (10th Cir. June 9, 2023)(followed)
- Bauchman v. W. High Sch., 132 F.3d 542, 549 (10th Cir. 1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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