French v. Palvic
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 12/2/2015. (AVC)
2015 Dec-02 AM 11:14
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
DR. DAVID PAVLAKOVIC,
Case No. 4:14-cv-01864-VEH-SGC
The magistrate judge filed a report and recommendation on November 6, 2015,
recommending the defendant’s motion for summary judgment be granted and the
plaintiff’s federal claims be dismissed with prejudice. (Doc. 17). The magistrate
judge further recommended the court decline to exercise jurisdiction over the
plaintiff’s state law claims. (Id.). The parties were allowed fourteen (14) days to file
objections and advised the failure to file objections would bar any later review of the
factual findings of the magistrate judge, except for plain error. No objections have
been filed by any party.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court is of the opinion the
magistrate judge’s report is due to be and hereby is ADOPTED and the
recommendation is ACCEPTED. The court EXPRESSLY finds there are no
genuine issues of material fact and the defendant is entitled to judgment as a matter
of law on the plaintiff’s claims.
Accordingly, the defendant’s motion for summary judgment is due to be
GRANTED and the plaintiff’s federal claims are due to be DISMISSED WITH
PREJUDICE. The plaintiff’s state law claims will be DISMISSED WITHOUT
PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3). A final judgment will be entered.
DONE this 2nd day of December, 2015.
VIRGINIA EMERSON HOPKINS
United States District Judge
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