Robert v. Abbett et al (MAG+)

Filing 88

ORDER ADOPTING 86 REPORT AND RECOMMENDATIONS; The motions to amend (docs. 76 , 85 ) are granted; 3) The motions to dismiss (docs. 40 , 41 , 46 , 47 , 49 , 51 , 52 . 54 , 60 , 63 , 67 , 74 are granted; 4) the claims for malicious pros ecution, the claims for Eighth Amendment violations, and the claims for declaratory and injunctive relief (see doc. 86 , at 47-48) are dismissed without prejudice, all other federal claims are dismissed with prejudice; 5) The remaining state-law cla ims are dismissed without prejudice pursuant to 28 USC 1367(c)(3); 6) The motions to strike (doc.s. 59 , 80 ) and motion on the pleadings (doc. 82 ) are denied; 7 ) The motion to quash service (doc. 49 ) is denied as moot; 8) The motions for sanc tions under Rule 11 of the FRCP (docs. 44 , 46 ) are denied; 9) All other outstanding motions are denied as moot. Signed by Honorable W. Keith Watkins on 3/31/09. (Attachments: # 1 appeals checklist)(vma, ) Modified on 3/31/2009 - to correct Judge's signature to show Judge W. Keith Watkins (vma, ).

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION H E W IT T P. ROBERT, JR., P l a i n t i ff , v. VA N C E N. ABBETT, in his o ffic ia l and individual capacity, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) ) ) C A S E N O . 3:08-C V- 3 2 9 - W K W (W O ) ORDER T h e re being no objections filed to the Report and Recommendation of the Magistrate J u d g e (Doc. # 86), and upon an independent review of the file in this case, it is ORDERED th a t: (1 ) (2 ) (3 ) T h e recommendation (Doc. # 86) is ADOPTED; T h e motions to amend (Docs. # 76, 85) are GRANTED; T h e motions to dismiss (Docs. # 40, 41, 46, 47, 49, 51, 52, 54, 60, 63, 67, 74) a re GRANTED; (4 ) T h e claims for malicious prosecution, the claims for Eighth Amendment v io la tio n s , and the claims for declaratory and injunctive relief (see Doc. # 86, at 47-48) are D IS M IS S E D without prejudice; all other federal claims are DISMISSED with prejudice; (5 ) T h e remaining state-law claims are DISMISSED without prejudice pursuant to 28 U.S.C. 1367(c)(3); (6 ) a re DENIED; T h e motions to strike (Docs. # 59, 80) and motion on the pleadings (Doc. # 82) (7) (8 ) T h e motion to quash service (Doc. # 49) is DENIED as moot; T h e motions for sanctions under Rule 11 of the Federal Rules of Civil P ro c e d u re (Docs. # 44, 46) are DENIED; (9 ) A ll other outstanding motions are DENIED as moot. A n appropriate judgment will be entered. D O N E this 31st day of March 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE 2

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