McCall v. Campbell et al

Filing 46

ORDER overruling the 45 objection; adopting in part and rejecting in part the 44 Recommendation of the Magistrate Judge; granting the defendants' 30 36 motions for summary judgment on the plaintiff's federal-law claims which are DISMISSED WITH PREJUDICE; denying the 30 36 motions on the plaintiff's state-law claims, which are DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1367(c)(3). Signed by Hon. Chief Judge Mark E. Fuller on 3/23/2010. (br, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O H N McCALL, P la in tif f , v. D O N A L C. CAMPBELL, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-100-MEF (W O ) ORDER A f te r an independent review, it is the ORDER, JUDGMENT, and DECREE of this C o u rt that: 1. T h e plaintiff's objection to the Magistrate Judge's recommendation (Doc. # 4 5 ), filed on March 11, 2010, is OVERRULED. 2. T h e Magistrate Judge's recommendation (Doc. # 44), entered on February 25, 2 0 1 0 , is ADOPTED in part and REJECTED in part. This Court rejects the recommendation th a t it should grant summary judgment on the plaintiff's state-law claims. Rather, this Court w ill decline to exercise supplemental jurisdiction and, as a result, will deny the defendant's m o tio n s on the state-law claims and dismiss those claims without prejudice. 3. D e f e n d a n ts Jackie Graham's Motion for Summary Judgment (Doc. # 30), filed o n January 10, 2009, and Defendants Richard Allen, Donal Campbell, and Arnold Holt's M o tio n for Summary Judgment (Doc. # 36), filed on February 6, 2009, are GRANTED on th e plaintiff's federal-law claims, which are DISMISSED WITH PREJUDICE, and DENIED 1 on the plaintiff's state-law claims, which are DISMISSED WITHOUT PREJUDICE under 2 8 U.S.C. 1367(c)(3). D O N E this the 23rd day of March, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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