Trammell v. Tysons Food

Filing 8

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

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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

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