Trammell v. Tysons Food

Filing 8

OPINION. Signed by Honorable Myron H. Thompson on 6/26/2009. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

CLIFFTON B. TRAMMELL, Plaintiff, v. TYSONS FOOD, Defendant.

) ) ) ) ) ) ) ) ) OPINION

CIVIL ACTION NO. 2:09cv544-MHT (WO)

Plaintiff filed this lawsuit asserting both federal and state-law claims. court on the This lawsuit is now before the of the United States

recommendation

Magistrate Judge that plaintiff's case be dismissed­-that his federal claim be dismissed because he fails to state a claim under federal law and that his state-law claim be dismissed provides pursuant that a to 28 U.S.C. may § 1367(c)(3), to which

court

decline

exercise

supplemental jurisdiction over a state-law claim when the federal claim has been resolved. Section 1367(d) further

provides that the applicable statute of limitations under state law will be tolled 30 days so as to allow a plaintiff time to re-file his state-law claim in state court. Also before the court are plaintiff's objections to the recommendation. review of the After an independent and de novo the court be concludes and that the

record,

plaintiff's

objections

should

overruled

magistrate judge's recommendation adopted. An appropriate judgment will be entered. DONE, this the 26th day of June, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE