McCoy v. Moore et al

Filing 5

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATIONS of Magistrate Judge; pla's request to proceed without prepayment of fees and for appointment of counsel (doc #2) is DENIED; pla's claims pursuant to 42:1983 are DISMISSED WITHOUT PREJUDICE pursuant to 28:1915(e); furthermore, court DECLINES to exercise supplemental jurisdiction over pla's state law claims and those claims, too, are DISMISSED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 4/30/13. (ASL)

FILED
2013 Apr-30 PM 04:19
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
PATRICK A. McCOY,
Plaintiff,
v.
JAMES MOORE, CHRIS McCOOL,
IRA COLVIN, DEBRA ABSTON, and
KEITH COX,
Defendants.

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Case No.: 6:13-CV-00119-RDP-HGD

ORDER
On April 9, 2013, the Magistrate Judge’s Report and Recommendation was entered and the
parties were allowed therein fifteen days in which to file objections to the recommendations made
by the Magistrate Judge. No objections have been filed by either party.
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.

It is, therefore, ORDERED,

ADJUDGED and DECREED that Plaintiff’s request to proceed without prepayment of fees and
for appointment of counsel (Doc. # 2) is DENIED, and Plaintiff’s claims pursuant to 42 U.S.C. §
1983 are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e). Furthermore,
the court DECLINES to exercise supplemental jurisdiction, pursuant to 28 U.S.C. § 1367(c), over
Plaintiff’s state law claims for libel and slander, and those claims, too, are DISMISSED
WITHOUT PREJUDICE.
The Clerk of Court is DIRECTED to mail a copy of this order to Plaintiff Patrick A. McCoy,
P.O. Box 226, Carrollton, AL 35447.

DONE and ORDERED this

30th

day of April, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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