Bethel v. Carter et al

Filing 7

ORDER -re: Magistrate Judge's Report and Recommendation 4 . The court OVERRULES Pltf's objection and is of the opinion that the report is due to be, and hereby is, ADOPTED, and the recommendation is ACCEPTED. It is hereby ORDERED, ADJUDG ED, AND DECREED that Pltf's claims under 42U.S.C. § 1983 are DISMISSED WITH PREJUDICE. Because the court has dismissed all claims over which it has original jurisdiction, it is further ORDERED, ADJUDGED, AND DECREED that Pltf's state law claims for bad faith, fraud, harassment, and breach of contract are DISMISSED WITHOUT PREJUDICE. Pltf MAY re-file these claims in state court within thirty (30) days of entry of this order. Signed by Judge R David Proctor on 11/27/2012. (AVC)

FILED
2012 Nov-27 AM 10:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GAARON VAN BETHEL,
Plaintiff,
v.
WARDEN BETTINA CARTER, et al.,
Defendants.

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Case No. 5:12-cv-01153-RDP-HGD

ORDER
On October 12, 2012, the magistrate judge filed his report and recommendation in the abovestyled cause (Doc. #4), recommending that this court dismiss Plaintiff’s claims pursuant to 42 U.S.C.
§ 1983 as failing to state a claim upon which relief may be granted pursuant to 28 U.S.C. §
1915A(b)(1) and recommending that this court decline to exercise supplemental jurisdiction over
Plaintiff’s state law claims and dismiss those claims without prejudice. Pursuant to Fed. R. Civ. P.
72(b), Plaintiff objected to the report and recommendation on October 23, 2012. (Doc. #5).
Having now carefully reviewed and considered de novo all of the materials in the court file,
including the report and recommendation, the court OVERRULES Plaintiff’s objection and is of
the opinion that the report is due to be, and hereby is, ADOPTED, and the recommendation is
ACCEPTED.
It is hereby ORDERED, ADJUDGED, AND DECREED that Plaintiff’s claims under 42
U.S.C. § 1983 are DISMISSED WITH PREJUDICE. Because the court has dismissed all claims
over which it has original jurisdiction, it is further ORDERED, ADJUDGED, AND DECREED
that Plaintiff’s state law claims for bad faith, fraud, harassment, and breach of contract are
DISMISSED WITHOUT PREJUDICE. Plaintiff MAY re-file these claims in state court within

thirty (30) days of entry of this order. See 28 U.S.C. § 1367(d).
DONE and ORDERED this

27th

day of November, 2012.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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