Clay v. Pogue et al

Filing 30

JUDGMENT ADOPTING 28 Report and Recommendation, granting 23 Motion to Dismiss for Failure to State a Claim, and Plaintiff's claims arising under 42 USC 1983 for violation of her First Amendment rights is DISMISSED WITH PREJUDICE. IT IS FU RTHER ORDERED that the Court will exercise supplemental jurisdiction over Plaintiff's remaining state whistleblower claim under LA.REV.STAT. 23:967, given the length of time the case has been pending and the Court's familiarity with the remaining claim. Signed by Judge Robert G James on 9/14/15. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
SHIRLEY CLAY

CIVIL ACTION NO. 14-2755

VERSUS

JUDGE ROBERT G. JAMES

DR. FRANK POGUE, ET. AL.

MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Court has fully considered the record in this matter, including the Report and
Recommendation of the Magistrate Judge [Doc. No. 28] and Plaintiff Shirley Clay’s objections to
the Report and Recommendation [Doc. No. 29], as well as the prior rulings in this case. After due
consideration, the Court ADOPTS the Report and Recommendation of the Magistrate Judge, which
the Court finds correctly states and applies the law. Therefore,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendant Dr. Frank Pogue’s Motion
to Dismiss [Doc. No. 23] is GRANTED, and Plaintiff’s claims arising under 42 U.S.C. § 1983 for
violation of her First Amendment rights is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Court will exercise supplemental jurisdiction over
Plaintiff’s remaining state whistleblower claim under LA. REV.STAT. § 23:967, given the length of
time the case has been pending and the Court’s familiarity with the remaining claim.
MONROE, LOUISIANA, this 14th day of September, 2015.