Mishtaku v. Espada
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Martin Mishtaku, proceeding pro se, appeals the District Court’s judgment dismissing his complaint, which asserted violations of the Second Amendment and the Equal Protection Clause, We assume the parties’ familiarity with the facts and record of the prior proceedings, to which we refer only as necessary to explain our decision to affirm.
We review the District Court’s grant of a motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) de novo, accepting all of Mishta-ku’s allegations as true. Graziano v. Pataki, 689 F.3d 110, 114 (2d Cir. 2012).
We apply intermediate scrutiny to “laws implicating the Second Amendment.” N.Y. State Rifle & Pistol Ass’n, Inc. v. Cuomo,
“To prove a violation of the Equal Protection Clause ... a plaintiff must demonstrate that he was treated differently than others similarly situated as a result of intentional or purposeful discrimination.” Phillips v. Girdich, 408 F.3d 124, 129 (2d Cir. 2005). We agree with the District Court that Mishtaku failed to allege how defendants-appellees treated him differently than other similarly-situated individuals and therefore failed to state an equal protection claim. See id. at 129.
Finally, we conclude that the District Court did not err in declining to exercise supplemental jurisdiction over state-law claims brought under Article 78 of the New York Civil Practice Law and Rules. See Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635, 639-40, 129 S.Ct. 1862, 173 L.Ed.2d 843 (2009).
We have considered all of Mishtaku’s remaining arguments and conclude that they are without merit. Accordingly, we AFFIRM the judgment of the District Court.
Reference
- Full Case Name
- Martin MISHTAKU v. Officer Cindy ESPADA, Sergeant Anthony Esposito, Deputy Inspector Andrew Lunetta, Director Thomas M. Prasso, Police Department License Division, City of New York
- Cited By
- 3 cases
- Status
- Published