Coleman v. General Motors et al

Filing 155

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 145 Report and Recommendations. The court declines to exercise supplemental jurisdiction over plaintiff's remaining state law claims and, therefore, dismisses without prejudice those claims asserted against Richard Cheers and Raymond Petty. Signed by District Judge Carlos Murguia on 8/12/14. Mailed to pro se party Charlotte Coleman, Richard Cheers, Raymond Petty by regular mail. (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CHARLOTTE COLEMAN,
Plaintiff,
v.
GENERAL MOTORS LLC, et al.,
Defendants.

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Case No. 12-2305-CM

ORDER
On July 24, 2014, United States Magistrate Judge James P. O’Hara conducted a hearing in
accordance with the undersigned’s order to show cause as to why the court should continue to exercise
supplemental jurisdiction over the remaining state law claims in this case. Magistrate Judge O’Hara
issued a Report and Recommendation (Doc. 145), wherein he recommended that the court dismiss
without prejudice plaintiff’s remaining claims. Magistrate Judge O’Hara noted in his Report and
Recommendation that plaintiff admitted she would suffer no prejudice if her claims against defendants
Richard Cheers and Raymond Petty were dismissed without prejudice, permitting her to re-file these
claims in state court.
Magistrate Judge O’Hara advised plaintiff of her right to object to the Report and
Recommendation within fourteen days, or by August 8, 2014, and further advised that failure to make
a timely objection to the Report and Recommendation waives any right to appellate review of the
proposed findings of fact, conclusions of law, or recommended disposition.
To date, plaintiff has not filed an objection to the Report and Recommendation, nor has she
sought any extension of time to file an objection. Additionally, on August 11, 2014, plaintiff notified

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this court that she has filed her state law claims against Richard Cheers and Raymond Petty in St.
Charles County, Missouri. Accordingly, with no objection to the Report and Recommendation being
filed within the time prescribed, and no extension of time to file an objection being sought by plaintiff,
the court accepts, adopts and affirms the Report and Recommendation in its entirety.
Accordingly, and after reviewing the file de novo, IT IS ORDERED that the Report and
Recommendation issued by United States Magistrate Judge James P. O’Hara on July 24, 2014 (Doc.
145) is ACCEPTED, ADOPTED and AFFIRMED. The court declines to exercise supplemental
jurisdiction over plaintiff’s remaining state law claims and, therefore, dismisses without prejudice
those claims asserted against Richard Cheers and Raymond Petty.
IT IS SO ORDERED.
Dated this 12th of August 2014, at Kansas City, Kansas.
s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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