Promed Ambulance, Inc. v. Malvern, City of et al

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS in its entirety; granting 11 Motion to Dismiss and plaintiff's claims are dismissed without prejudice as set forth; further denying as moot plaintiff's 2 Motion for Preliminary Injunction. Signed by Honorable Robert T. Dawson on July 31, 2014. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
PROMED AMBULANCE, INC.
V.

PLAINTIFF
Civil No. 14-6072

CITY OF MALVERN and
LIFENET, INC.

DEFENDANTS
O R D E R

On

this

31st

day

of

July

2014,

there

comes

on

for

consideration the report and recommendation filed in this case
on July 11, 2014, by the Honorable Barry A. Bryant, United
States Magistrate for the Western District of Arkansas.
22).

(Doc.

No objections were filed to the report and recommendation.
The court has reviewed this case and, being well and

sufficiently

advised,

finds

as

follows:

The

report

and

recommendation is proper and should be and hereby is adopted in
its entirety.

Accordingly, Defendants’ Motion to Dismiss (doc.

11) is GRANTED, and Plaintiff’s claims are DISMISSED WITHOUT
PREJUDICE for lack of subject matter jurisdiction pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure.

Plaintiff’s

state law claims are DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C.

§

1367(c)(3).

Finally,

Plaintiff’s

Motion

Preliminary Injunction (doc. 2) is DENIED AS MOOT.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

AO72A
(Rev. 8/82)

for