Opinion
03:99-CV-00386-LRH-RAM.
September 3, 2008
ORDER
Before the court is a motion to dismiss for lack of subject matter jurisdiction (# 379) filed by Linda and Tyrone Duff (the "Duffs"). No opposition has been filed. This court has jurisdiction pursuant to 28 U.S.C. § 1331 as this action arose under the laws of the United States. Specifically, plaintiff Richard Lewis brought this action under 42 U.S.C. § 1983. The fact that Plaintiff cannot prevail in this action does not affect the court's subject matter jurisdiction.
IT IS THEREFORE ORDERED that the Duffs' motion to dismiss (# 379) is hereby DENIED.
IT IS SO ORDERED.