HOLMAN v. DEAN et al.

Filing 9

ORDER adopting the magistrate judge's 6 Report and Recommendation. The State law claim is DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert it in state court. This action is DISMISSED as to the remaining claims for lack of jurisdiction due to Plaintiff's failure to raise a non-frivolous federal claim. Signed by SENIOR JUDGE LACEY A COLLIER on 5/10/2013. (djb)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
GEORGE HOLMAN,
Plaintiff,
vs.

Case No. 5:13cv52/LAC/EMT

JEREMY DEAN, et al.,
Defendants.
___________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated April 1, 2013 (doc. 6). Plaintiff has been furnished a copy of the Report and
Recommendation and has 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 the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto,
I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.
2.

Plaintiff’s state law claim is DISMISSED WITHOUT PREJUDICE to Plaintiff’s

right to assert it in state court.
3.

This action is DISMISSED as to Plaintiff’s remaining claims for lack of jurisdiction

due to Plaintiff’s failure to raise a non-frivolous federal claim.
DONE AND ORDERED this 10th day of May, 2013.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE