Hoai v. Hien

U.S. Court of Appeals for the Fourth Circuit January 7, 2008

Hoai v. Hien, 261 F. App'x 454 (4th Cir. 2008)

Opinion of the Court

PER CURIAM:

Thanh Hoai appeals from the district court’s order dismissing his civil complaint, which asserted claims under the Federal Racketeer Influenced Corrupt Organization Act, 18 U.S.C. § 1964(c) (2000), as well as claims of “false light,” defamation, malicious prosecution, and conspiracy to *456commit each of these. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Hoai v. Hien, No. 8:05-cv-03420-AW (D.Md. Mar. 28, 2007). Hoai also asserts that the district court should have transferred his state law claims to the state court to avoid having the statute of limitations expire as to these claims. We find that transfer of such claims was not necessary. See 28 U.S.C. § 1367(d) (2000) (tolling limitation period for claim asserted under supplemental jurisdiction while case is pending in federal court and for a period of thirty days after dismissal under § 1367). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

Reference

Full Case Name: Thanh HOAI, as an individual, as the owner of an enterprise engaged in Interstate and foreign commerce, as a member of the Vietnamese speaking community in America, on behalf of himself and others similarly situated, and Dai Chung News Media, Incorporated v. Thi Ngo HIEN Ngoc Ngo Hung, Vietnamese Public Radio, Incorporated Committee for Religious Freedom in Vietnam, Incorporated Hong Thai Nguyen Thang Dinh Nguyen Boat People S.O.S., Incorporated Nghi Hoang Tran Le Phai, Incorporated, dba Le Phai Newspaper John Doe 1, Whose real name is presently unknown, but who, under the pen name Le Minh Ngoc, writes in the Le Phai weekly newspaper articles that defame the and cast the in a false light that are then broadcast on the programs of VPR John Doe 2, Whose real name is presently unknown, but who, under the pen name Le Tam, writes and publishes articles on the website internetyahoot/thaoluan that defame the and cast them in a false light that are then broadcast on VPR's program John Doe 3, Whose real name is presently unknown, but who broadcasts and hosts on VPR programs under the broadcast name of Huy Due matter the (sic) defames the and casts them in false light in manner to stire (sic) up members of audience and threats include violence John Doe 4, Whose real name is presently unknown, but who broadcasts and hosts on VPR programs under the name Hoang Lan matter that defames and casts them in false light in manner to stir up audience and threaten to include violence John Doe 5, Whose real name is presently unknown, but who broadcasts and hosts on VPR programs under the name of Le Thi matter that defames and casts them in false light in manner to stir up audience and threaten to include violence John Doe 6, Whose real name is presently unknown, but who broadcasts and hosts on VPR programs under the name of Thanh Tin matter that defames and casts them in false light in manner to stir up audience and threaten to include violence John Doe 7, Whose real name is presently unknown, but who broadcasts and hosts on VPR programs under the name of Hong Hanh matter that defames and casts them in false light in manner to stir up audience and threaten to include violence Registered Agent Boat People S.O.S., Incorporated
Status: Published