Baker v. Palvakovic et al

Filing 31

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/11/2015. (AVC)

FILED
2015 Aug-11 PM 04:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
CEDRIC L. BAKER,
Plaintiff,
v.
DR. DAVID PAVLAKOVIC, et al.,
Defendants.

}
}
}
}
}
}
}
}
}

Case No.: 4:12-cv-03958-RDP-JEO

MEMORANDUM OPINION
On July 13, 2015, the Magistrate Judge’s Report and Recommendation (Doc. # 30) was
entered and the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court
further ACCEPTS the recommendations of the Magistrate Judge that:
1.

Defendants’ motions for summary judgment (Docs. # 23, 25 and 26) on Plaintiff’s

claims against them be granted and the claims be dismissed with prejudice; and
2.

In light of the dismissal of the federal claims, the court declines to exercise

supplemental jurisdiction over Plaintiff’s state law claims of medical malpractice and negligence.
28 U.S.C. § 1367(c)(3); Mergens v. Dreyfoos, 166 F.3d 1114, 1119 (11th Cir. 1999).
A separate order in accordance with this Memorandum Opinion will be entered.
DONE and ORDERED this August 11, 2015.
_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE