Fuller v. Davis et al

Filing 59

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/21/2017. (KBB)

FILED
2017 Nov-21 AM 10:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID BOY FULLER,
Plaintiff,
v.
SERGEANT ROBERT DAVIS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 2:14-cv-01908-AKK-TMP

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report (doc. 58) on October 25, 2017,
recommending the plaintiff’s motion for summary judgment (doc. 55) be denied.
The magistrate judge further recommended that the defendants’ special reports be
construed as motions for summary judgment, and as such, that the motions be
granted and the plaintiff’s federal claims dismissed with prejudice. It was also
recommended that the court decline to exercise supplemental jurisdiction over any
state law claims, and that such claims be dismissed without prejudice pursuant to
28 U.S.C. § 1367(c)(3). Finally, the magistrate judge recommended that defendant
Davis’ “Motion to Certify this Lawsuit as Frivolous per PLRA” (doc. 53 at 12) be
denied. Although the parties were advised of their right to file specific written
objections within fourteen days, no objections have been received by the court.

Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the
court ORDERS that the plaintiff’s motion for summary judgment (doc. 55) is
DENIED. It is further ORDERED that the defendants’ special reports, being
construed as motions for summary judgment, are GRANTED, and the plaintiff’s
federal claims are due to be dismissed with prejudice. To the extent the plaintiff
asserts state law claims in this action, those claims are due to be dismissed without
prejudice pursuant to 28 U.S.C. § 1367(c)(3). Defendant Davis’ motion to certify
this action as frivolous (doc. 53 at 12) is DENIED.
A Final Judgment will be entered.
DONE the 21st day of November, 2017.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

2