McDonald v. Cain et al

Filing 85

RULING Adopting of the U.S. Magistrate Judge, ORDER DISMISSING CASE. Plaintiffs claim asserted against the Louisiana State Fire Marshal Inspector is dismissed for failure of the plaintiff to serve this defendant within 129 days as mandated by Rule 4( m) of the Federal Rules of Civil Procedure. The Court declines to exercise supplemental jurisdiction over the plaintiffs state law claims and the defendants motion to dismiss (doc. 40) is granted, dismissing the plaintiffs federal claims asserted against the defendants, withprejudice, and this action is hereby dismissed. Signed by Chief Judge Brian A. Jackson on 8/27/2012. (PJH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
RANDY MCDONALD (452858)
CIVIL ACTION
VERSUS
NO. 09-850-BAJ-DLD
BURL CAIN, ET AL
RULING
and ORDER OF DISMISSAL
The Court has carefully considered the motion, the record, the law applicable
to this action, and the Report and Recommendation of the United States Magistrate
Judge Docia L. Dalby dated August 13, 2012 (doc. 83), and defendant’s objection
filed August 20, 2012 (doc. 84).
The Court hereby approves the report and recommendation of the magistrate
judge and adopts it as the Court’s opinion herein.
Accordingly, the plaintiff’s claim asserted against the Louisiana State Fire
Marshal Inspector is dismissed for failure of the plaintiff to serve this defendant
within 129 days as mandated by Rule 4(m) of the Federal Rules of Civil
Procedure.
The Court declines to exercise supplemental jurisdiction over the plaintiff’s
state law claims and the defendants’ motion to dismiss (doc. 40) is granted,
dismissing the plaintiff’s federal claims asserted against the defendants, with

prejudice, and this action is hereby dismissed.
Baton Rouge, Louisiana, August 27, 2012.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA