Dyess v. Taylor et al (MAG+)

Filing 43

ORDER denying on the merits and as untimely 41 MOTION for Summary Judgment filed by John Dyess; adopting 40 REPORT AND RECOMMENDATIONS re 35 MOTION for Summary Judgment filed by Auburn University; granting 35 MOTION for Summary Judgment filed by Auburn University; the court declines to exercise supplemental jurisdiction over the state law claims, pursuant to 28 USC 1367 (c)(3), and the state law claims are dismissed without prejudice. Signed by Honorable William Keith Watkins on 9/2/08. (Attachments: # 1 appeal checklists)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION J O H N DYESS, P l a in tiff , v. A U B U R N UNIVERSITY, D e f e n d a n t. ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 3:07CV635-WKW (W O )

ORDER O n August 13, 2008, the Magistrate Judge filed a Recommendation in this case. (Doc. # 40.) On August 21, 2008, Plaintiff John Dyess ("Dyess") filed a Response to Summary J u d g m e n t Motion. (Doc. # 41.) Although Mr. Dyess' response was submitted within the tim e period for filing objections to the Recommendation (Doc. # 40 at 28), Mr. Dyess does n o t address the Recommendation in his response. Rather, Mr. Dyess moves the court to enter s u m m a ry judgment in his favor. (Doc. # 40 at 1.) Accordingly, the court construes Mr. D yess' Response to Summary Judgment Motion as containing a Motion for Summary J u d g m e n t. The court having conducted an independent and de novo review of the file in this c a s e , it is ORDERED as follows: 1. M r. Dyess' Motion for Summary Judgment is DENIED on the merits and as

u n tim e ly. (See Doc. # 26, § 2, Order setting dispositive motion deadline on June 6, 2008.) 2. 3. T h e Recommendation of the Magistrate Judge is adopted. D e f en d a n t Auburn University's Motion for Summary Judgment (Doc. # 35)

is GRANTED.

4.

T h e court DECLINES to exercise supplemental jurisdiction over the state law

c la im s , pursuant to 28 U.S.C. § 1367(c)(3), and the state law claims are DISMISSED without p r e ju d ic e . An appropriate judgment will be entered. D O N E this 2nd day of September, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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