Dempsey v. Cain et al

Filing 31

RULING Adopting 29 Report and Recommendations of the U.S. Magistrate Judge. Accordingly, the court declines to exercise supplemental jurisdiction over the plaintiff's state law claims, that the plaintiff's claims asserted against the def endants in their official capacities are dismissed, the Motion to Dismiss of defendants Burl Cain and Eric Hinyard are GRANTED, dismissing the plaintiff's claims asserted against these defendants, with prejudice. Further, the cross-motions for summary judgment of the plaintiff and defendants Jeremy McKey, Tyson Bonnette and Kelly Fagen, (doc. nos. 16,25 and 27) are DENIED, and this action is referred back for further proceedings. Signed by Judge James J. Brady on 8/4/2010. (JDL, )

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