Simmons v. Lebanc et al

Filing 139

RULING adopting 137 Report and Recommendation of the U.S. Magistrate Judge. The Court declines the exercise of supplemental jurisdiction over the plaintiff's state law claims and that the plaintiff's claims asserted against defendants Nak isha Rogers and Adriane Porter be dismissed, without prejudice, for failure of the plaintiff to serve these defendants within 120 days as mandated by FRCP 4(m). The plaintiff's 45 Motion for Summary Judgment is denied, the 116 Motion for Sum mary Judgment of defendant Lonnien Simmons is granted, dismissing the plaintiffs claims asserted against this defendant, with prejudice, and the 96 Motion for Summary Judgment of the remaining defendants be granted in part, dismissing all of the pl aintiff's claims asserted against the remaining defendants except his claim asserted against defendant Michael Swift, in the defendant's individual capacity, of retaliation and deliberate indifference in connection with the alleged dissemin ation of information to other inmates in February or March, 2012, that the plaintiff was a "snitch" or informant, resulting in the plaintiff being attacked by a co-inmate on 3/26/2012. This matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge Shelly D. Dick on 3/5/2014. (SMG)