Malloy v. Peters et al
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 8/20/2014. (KAM, )
2014 Aug-20 AM 09:44
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
ARTHUR BRENNAN MALLOY,
CAPTAIN KENNETH N. PETERS,)
MEMORANDUM OF OPINION
On August 4, 2014, Magistrate Judge T. Michael Putnam filed his report and
recommendation in the above-styled cause, recommending that Plaintiff’s motions for
judgment on the pleadings, summary judgment, and to reinstate his discovery requests
be denied. Judge Putnam further recommended that this court decline to exercise
supplemental jurisdiction over Plaintiff’s state law causes of action, and that those
state law causes of action be dismissed without prejudice pursuant to 28 U.S.C. §
1367(c)(3). Finally, Judge Putnam recommended the Defendants’ motions for
summary judgment be granted and that the above action be dismissed with prejudice.
Objections to Judge Putnam’s recommendations have been filed by Plaintiff.
Having now carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation as well as all matters and record
relevant to those rulings made the subject of Plaintiff’s objections, the Court is of the
opinion that the report is due to be and hereby is ADOPTED, and the
recommendation is ACCEPTED. Consequently, Plaintiff’s motions for judgment on
the pleadings, summary judgment, and to reinstate his discovery requests are due to
be DENIED. This court declines to exercise supplemental jurisdiction over Plaintiff’s
state law causes of action, and that those state law causes of action are due to be
DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3). Finally,
Defendants’ motions for summary judgment are due to be GRANTED AND THE
ABOVE ACTION IS DUE TO BE DISMISSED WITH PREJUDICE. An order of
final judgment will be entered contemporaneously herewith.
Done this 20th day of August 2014.
L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
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