Lee v. Smithart et al (INMATE 1)

Filing 7

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1.) The 6 Recommendation of the Magistrate Judge is ADOPTED as modified herein; 2.) The federal claims are DISMISSED with prejudice prior to service of process as time-barred pursuant to 2 8 USC 1915A; 3.) The Court declines to exercise supplemental jurisdiction over the Plf's state law claims pursuant to 28 USC 1367(c)(3), and the state law claims are DISMISSED without prejudice; 4.) All pending motions are DENIED as moot; A separate Final Judgment will be entered. Signed by Chief Judge Emily C. Marks on 8/30/2024. (BES)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RASHAD C. LEE, #213823,
Plaintiff,
v.
BURT SMITHART, et al.,
Defendants.

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) CIVIL CASE NO. 2:24-cv-47-ECM
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MEMORANDUM OPINION and ORDER
On July 23, 2024, the Magistrate Judge entered a Recommendation (doc. 6) to which
no timely objections have been filed. Upon an independent review of the file and upon
consideration of the Recommendation, it is
ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (doc. 6) is ADOPTED as

modified herein;
2.

The federal claims are DISMISSED with prejudice prior to service of process

as time-barred pursuant to 28 U.S.C. § 1915A;
3.

The Court declines to exercise supplemental jurisdiction over the Plaintiff’s

state law claims pursuant to 28 U.S.C. § 1367(c)(3), and the state law claims are
DISMISSED without prejudice;
4.

All pending motions are DENIED as moot.

A separate Final Judgment will be entered.

DONE this 30th day of August, 2024.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE