Miller v. Cain et al

Filing 31

RULING Adopting 30 Report and Recommendation of the U.S. Magistrate Judge. Accordingly, the defendants Motion to Dismiss In Response to Amended Complaint is DENIED. Further, the court declines to exercise supplemental jurisdiction over the plaintiffs state law claims and those claims are DISMISSED WITHOUT PREJUDICE. This matter is referred back to the Magistrate Judge for further proceedings. Signed by Judge James J. Brady on 10/8/2013. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
SHON D. MILLER, SR. (#427562)
CIVIL ACTION
VERSUS
NO. 12-730-JJB-SCR
N. BURL CAIN, ET AL.
RULING
The court has carefully considered the petition, the record, the law applicable to this
action, and the Report and Recommendation of United States Magistrate Stephen C.
Riedlinger dated September 16, 2013 (doc. no. 30) to which no objection has been filed.

The court hereby approves the report and recommendation of the magistrate
judge and adopts it as the court’s opinion herein. Accordingly, the defendants’ Motion
to Dismiss In Response to Amended Complaint is DENIED. Further, the court declines to
exercise supplemental jurisdiction over the plaintiff’s state law claims and those claims are
DISMISSED WITHOUT PREJUDICE. This matter is referred back to the Magistrate Judge
for further proceedings.
Baton Rouge, Louisiana, October 8, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA