Marinkovic v. Osborne et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Melvin Marinkovic
v.
Michael Osborne, et al
Case No. 19-cv-1150-PB
ORDER
I approve the Report and Recommendation of Magistrate Judge
Andrea K. Johnstone dated April 23, 2020 largely for the reasons
stated therein. I agree with the Magistrate Judge’s conclusion
that the plaintiff’s federal claims fail because the complaint
does not allege a plausible basis for the plaintiff’s contention
that the defendants should be treated as governmental actors. I
also agree with the Magistrate Judge’s conclusions that the
court lacks federal question jurisdiction over the plaintiff’s
state law claims and that the court should decline to exercise
supplemental jurisdiction over those claims. I only add that the
complaint also does not assert a basis for exercising diversity
jurisdiction over the state law claims. The plaintiff’s
federal claims are dismissed with prejudice and the state law
claims are dismissed without prejudice to the plaintiff’s right
to refile his claims in state court.
Case 1:19-cv-01150-PB Document 11 Filed 11/04/20 Page 1 of 2

The clerk of court is directed to enter judgment and close
the case.
____________________________
Paul Barbadoro
United States District Judge
Date: November 4, 2020
cc: Melvin Marinkovic, pro se
/s/ Paul Barbadoro
Case 1:19-cv-01150-PB Document 11 Filed 11/04/20 Page 2 of 2