Manbeck et al v. Micka et al

Filing 118

MEMORANDUM DECISION AND ORDER ADOPTING IN PART AND MODIFYING REPORT AND RECOMMENDATIONS for 104 Report and Recommendations,,........ The four years of litigation on these matters - involving three federal actions, extensive briefing and several opi nions by Magistrate, District and Circuit Judges - have absorbed extensive atty. time and judicial resources, not to mention the costs to the litigants, financial and other wise. These cases once prove that, when it comes to disputes between neighbo rs, the wisdom of the popular expression don't make a federal case out of it....should be apparent. For the foregoing reasons, the Court hereby adopts Magistrate Judge Yanthis Report and Recommendation dated Mary 5, 2009 to the extent that it i s consistent with the Order, and hereby GRANTS deft's. motion so summary judgment and DENIES Plaintiff's cross-motion for judgment. All of Plaintiffs federal claims against deft's. are dismissed with prejudice. Plaintiffs remaining state-law claims are dismissed without prejudice. The clerk of court is respectfully directed to terminate the plending motions.....and close the case. (Signed by Judge Cathy Seibel on 7/30/2009) (jma)

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