MCMANUS v. GAINESVILLE HOUSING AUTHORITY et al

Filing 39

ORDER adopting 34 Report and Recommendation; granting 4 , 6 , 10 MOTIONs to Dismiss And Memorandum of Law; denying 5 MOTION to Vacate Removal of State Law Cases, MOTION for Sanctions. Signed by SENIOR JUDGE MAURICE M PAUL on 3/29/2013. All pending motions ( 35 , 37 ) are DENIED as moot and the Clerk is directed to close the file. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
PETE MCMANUS,
Plaintiff,
v.

CASE NO. 1:12-cv-00093-MP-GRJ

GAINESVILLE HOUSING
AUTHORITY, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated January 29, 2013. (Doc. 34). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo
determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely
filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

Defendants’ motions to dismiss (docs. 4, 6, and 10) are GRANTED and
Plaintiff’s federal claims are DISMISSED with prejudice, for failure to state a
claim upon which relief may be granted.

3.

Plaintiff’s construed motion to remand (doc. 5) is DENIED and pursuant to 28
U.S.C. § 1367(c)(3) the Court declines to exercise supplemental jurisdiction over
Plaintiff’s state law claims, which are DISMISSED without prejudice.

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4.

All pending motions are DENIED as moot and the Clerk is directed to close the
file

DONE AND ORDERED this

29th day of March, 2013

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:12-cv-00093-MP-GRJ