Matthews v. Dayton Police Department et al

Filing 40

DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE NEWMAN 35 THAT PRO SE PLAINTIFF'S FEDERAL CLAIMS BEDISMISSED PURSUANT TO 28 U.S.C. § 1915(e)(2)(B); THAT DEFENDANT SANDY'S TOWING AND RECOVERY&# 039;S MOTION FOR JUDGMENT ON THE PLEADINGS 17 BE DENIED AS MOOT;THAT THE COURT DECLINE TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PRO SE PLAINTIFF'S STATE LAW CLAIMS; AND THAT THIS CASE BE TERMINATED ON THE COURT'S DOCKET. THE COURT ADDIT IONALLY FINDS MOOT PLAINTIFF'S MOTION FOR A WRIT OF MANDAMUS 37 . Signed by Judge Thomas M. Rose on 10-3-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 10/3/2018 (de).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Anthony Matthews,
Plaintiff,
Case No. 3:18-cv-026
Judge Thomas M. Rose

v.

Dayton Police Department, et al.,
Defendants.

DECISION
AND
ENTRY
ADOPTING
REPORT
AND
RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
NEWMAN (ECF 35) THAT PRO SE PLAINTIFF’S FEDERAL CLAIMS BE
DISMISSED PURSUANT TO 28 U.S.C. § 1915(e)(2)(B); THAT
DEFENDANT SANDY’S TOWING AND RECOVERY’S MOTION FOR
JUDGMENT ON THE PLEADINGS (ECF 17) BE DENIED AS MOOT;
THAT THE COURT DECLINE TO EXERCISE SUPPLEMENTAL
JURISDICTION OVER PRO SE PLAINTIFF’S STATE LAW CLAIMS;
AND THAT THIS CASE BE TERMINATED ON THE COURT’S DOCKET.
THE COURT ADDITIONALLY FINDS MOOT PLAINTIFF’S MOTION
FOR A WRIT OF MANDAMUS. (ECF 37).

Pending before the Court is a Report and Recommendations of United States Magistrate
Judge Michael J. Newman, (ECF 35), that recommends that pro se Plaintiff’s federal claims be
dismissed sua sponte under 28 U.S.C. § 1915(e) for failure to state a claim; that Defendant Sandy’s
Motion for Judgment on the Pleadings (ECF 17) be denied as moot; and that the Court decline to
exercise supplemental jurisdiction over Plaintiff’s state law claims.
As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court

has made a de novo review of the record in this case. Upon said review, the Court finds that the
Report and Recommendation is correct.

Wherefore, the Court ADOPTS Report and

Recommendations of United States Magistrate Judge Michael J. Newman, (ECF 35), and
DISMISSES pro se Plaintiff’s federal claims sua sponte under 28 U.S.C. § 1915(e) for failure to
state a claim; DENIES AS MOOT Defendant Sandy’s Motion for Judgment on the Pleadings
(ECF 17) and Plaintiff’s Motion for Writ of Mandamus (ECF 37); DECLINES to exercise
supplemental jurisdiction over Plaintiff’s state law claims; and TERMINATES this case on the
of the District Court of the United States for the Southern District of Ohio, Western Division at
Dayton.
DONE and ORDERED this Wednesday, October 3, 2018.

s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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