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1 F. App'x 2

Herbin v. Hoeffel

U.S. Courts of Appeals

Decided January 18, 2001

U.S. Courts of Appeals · decided 2001-01-18

Applies 28 U.S.C. § 1367 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Polk County v. Dodson

Decided 2001-01-18

¶1JUDGMENT

PER CURIAM.

¶2This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See Fed. R.App. P. 36; D.C.Cir. Rule 36(b). It is

¶3ORDERED AND ADJUDGED that the district court’s order filed May 2, 2000, be affirmed. Appellant failed to state a claim under 42 U.S.C. § 1983 because the defendants did not act under color of state law. See Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981). The district court properly declined to exercise jurisdiction over the supplemental claims. See 28 U.S.C. § 1367(c)(3).

¶4The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41.

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