George Bartz v. Maggie Miller-Stout

MEMORANDUM

Former Washington state prisoner George Bartz appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging federal and state law violations in connection with the deduction of military retirement benefits from his inmate account. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s decision to decline supplemental jurisdiction. Tritchler v. County of Lake, 358 F.3d 1150, 1153 (9th Cir.2004). We affirm.

The district court did not abuse its discretion by declining to exercise supplemental jurisdiction over Bartz’s state law claims after it had dismissed his federal claims. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 , 350 n. 7, 108 S.Ct. 614 , 98 L.Ed.2d 720 (1988) (where all federal claims are eliminated before trial, courts generally should decline to exercise supplemental jurisdiction over remaining state law claims).

The district court did not abuse its discretion by declining to appoint counsel to assist Bartz in connection with summary judgment or by granting Bartz’s appointed counsel’s motion to withdraw. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir.2009) (setting forth the…