Patrick v. Alabama Department of Corrections et al (INMATE 1)(JOINT ASSIGN)

Filing 20

JUDGMENT, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) ORDER ADOPTING 18 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) def's 15 Motion for Summary Judgment is granted as to plf's Eight Amendment claim only; (3) Judgment is entered in favor of defs andagainst plf on the Eighth Amendment claim, with plf taking nothing as to that claim; (4) Pursuant to 28 U.S.C. 1367(c)(3), this court declines to exerci se supplemental jurisdiction over plfs state-law claims, and these claims are remanded to the Circuit Court of Montgomery County, Alabama; directing the clerk: (1) to enter this document on the civil docket as a final judgment as to only plf's E ighth Amendment claim pursuant to Rule 58 of the FRCP; and (2) to take appropriate steps to effect the remand back to state court of plf's state-law claims; No costs are taxed; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 6/19/17. (Attachments: # 1 civil appeals checklist). Certified copy of OPINION and JUDGMENT mailed to Circuit Court Clerk, Montgomery County, AL.(djy, )

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

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Plaintiff,
v.
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

CIVIL ACTION NO.
2:17cv132-MHT
(WO)

JUDGMENT
In accordance with the opinion entered today, it is
the

ORDER,

JUDGMENT,

and

DECREE

of

the

court

as

follows:
(1) The

United

States

Magistrate

Judge’s

recommendation (doc. no. 18) is adopted.
(2) Defendants' motion for summary judgment (doc.
no. 15) is granted as to plaintiff’s Eighth Amendment
claim only.
(3) Judgment is entered in favor of defendants and
against plaintiff on the Eighth Amendment claim, with
plaintiff taking nothing as to that claim.

(4) Pursuant to 28 U.S.C. § 1367(c)(3), this court
declines

to

exercise

plaintiff’s

state-law

remanded

the

to

supplemental

jurisdiction

claims,

these

Circuit

Court

and
of

claims

Montgomery

over
are

County,

Alabama.
The clerk of the court is DIRECTED: (1) to enter
this document on the civil docket as a final judgment
as to only plaintiff’s Eighth Amendment claim pursuant
to Rule 58 of the Federal Rules of Civil Procedure; and
(2) to take appropriate steps to effect the remand back
to state court of plaintiff’s state-law claims.
No costs are taxed.
This case is closed in this court.
DONE, this the 19th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE