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)

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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

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