Ferguson v. City of Jasper et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 10/2/2014. (PSM)
2014 Oct-02 AM 10:34
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CECIL M. FERGUSON,
) Case no.: 5:13-CV-1678-AKK-JEO
CITY OF JASPER, ALABAMA, et. al.,
MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on August 14, 2014,
recommending all claims against all defendants in this action be dismissed pursuant
to 28 U.S.C. § 1915A(b)(1) and/or (2). The magistrate judge further recommended
the court decline to exercise supplemental jurisdiction over the plaintiff’s state law
claims, and that those claims be dismissed without prejudice pursuant to 28 U.S.C.
§ 1367(c)(3). No objections were filed by the plaintiff.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objections thereto, the court
is of the opinion that the magistrate judge’s report is due to be and is hereby
ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint
is due to be DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2) for failing
to state a claim upon which relief may be granted, and seeking monetary relief from
defendants who are immune.
The plaintiff’s state law claims are due to be
DISMISSED WITHOUT PREJUDICE because the court declines to exercise
jurisdiction. A Final Judgment will be entered.
DATED, this 2nd day of October, 2014.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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