Harrison et al v. The City of Corning et al
| Charles Harrison and Kathryn Harrison |
| The City of Corning, John Doe Corning Police Officers, William E. Yessman, Jr., John Doe Deputy Schuyler County Sheriffs and Schuyler County |
| 6:2015cv06716 |
| November 25, 2015 |
| US District Court for the Western District of New York |
| Rochester Office |
| Steuben |
| Charles J. Siragusa |
| Other Personal Injury |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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-CLERK TO FOLLOW UP-DECISION AND ORDER granting 10 Motion to Dismiss for Failure to State a Claim; granting 11 Motion to Dismiss for Failure to State a Claim; denying 13 Motion to Amend or Correct. Defendants motions [#10][#11] to dismiss are granted as to all federal claims. Plaintiffs cross-motion to amend [#13] is denied. The Court declines to exercise supplemental jurisdiction over any remaining state-law claims pursuant to 28 U.S.C. § 1367(c)(3), and those claims are dismissed without prejudice. Plaintiffs are advised that the statute of limitations governing their state-law claims will be tolled for a period of thirty days, pursuant to 28 U.S.C. § 1367(d). See, Seabrook v. Jacobson, 153 F.3d 70, 72 (2d Cir.1998) (S ection 1367(d) ensures that the plaintiff whose supplemental state claim is dismissed has at least thirty days after dismissal to refile in state court.). The action is otherwise dismissed with prejudice. The Clerk of the Court is directed to close this action. Signed by Hon. Charles J. Siragusa on 10/7/16. (KAP)
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