Warner #297342 v. Johnston et al
Filing
8
JUDGMENT that the action is dismissed as frivolous, malicious, or for failure to state a claim; signed by Magistrate Judge Phillip J. Green (jkw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
______
GAVIN WADE WARNER,
Plaintiff,
Case No. 2:25-cv-00026
v.
Honorable Phillip J. Green
UNKNOWN JOHNSTON et al.,
Defendants.
____________________________/
JUDGMENT
In accordance with the opinion issued this date:
IT IS ORDERED that Plaintiff’s federal claim under the Eighth Amendment
be DISMISSED WITH PREJUDICE for failure to state a claim, under 28 U.S.C. §§
1915(e)(2) and 1915A(b), and 42 U.S.C. § 1997e(c).
IT IS FURTHER ORDERED that Plaintiff’s state law claim for negligence
be DISMISSED WITHOUT PREJUDICE because the Court declines to exercise
jurisdiction over it. See 28 U.S.C. § 1367(c).
Dated: March 12, 2025
/s/ Phillip J. Green
PHILLIP J. GREEN
United States Magistrate Judge
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