MEMORANDUM DECISION AND ORDER
PARKER, District Judge.
Defendants Spencer and the Town of Newburgh move to dismiss the federal cause of action in plaintiff's complaint, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. Further, defendants move to dismiss the pendent state claims under Fed.R.Civ.P. 12(b)(1), for lack of subject matter jurisdiction. For the reasons stated, the motions are granted.
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