Legal Opinion

Ownby v. Cohen

District Court, W.D. Virginia

Decided September 8, 1998No. Civil Action 98-0019-CPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

MICHAEL, Senior District Judge.

This case comes before the court on the defendants’ motions to dismiss and the plaintiffs cross-motion for partial summary judgment as to the first count of his complaint. The court finds that, even under a very liberal construction, plaintiffs complaint fails to state a federal claim on which relief can be granted. The RICO claims of the complaint, counts V and VI, provide the basis for this court’s jurisdiction in this case. After dismissing the RICO claims, this court declines to exercise its discretion to decide the remaining state law…

2Cases cited28 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Bruce Beaudett v. City of Hampton City Attorneys A. Paul Burton and W. Stephen Moore Judge T.H. Wilson, II and Judge Nelson T. OvertonCourt of Appeals for the Fourth Circuit · 1985
  4. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  5. Walter Gordon v. William D. Leeke, Commissioner Joe Martin, Warden, Wayne Stephen Young v. George H. Collins, WardenCourt of Appeals for the Fourth Circuit · 1978

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3Cited by6 opinions

  1. In re JosephCourt of Appeals of Tennessee · 2002
  2. Brown v. United StatesDistrict Court, N.D. West Virginia · 2023
  3. Chien v. LeClairDistrict Court, E.D. Virginia · 2020
  4. In the Matter of Asbert JosephCourt of Appeals of Tennessee · 1999
  5. White v. United StatesDistrict Court, W.D. Virginia · 2020

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