Parkins v. Guthrie Police Department
Filing
17
ORDER ADOPTING REPORT AND RECOMMENDATION 16 , dismissing plaintiff's federal claims without prejudice for failure to state a claim upon which relief may be granted1, and declining to exercise jurisdiction over plaintiffs supplemental state-law claims. Signed by Honorable Vicki Miles-LaGrange on 4/26/2018. (ks)
IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHAEL JUSTIN PARKINS,
Plaintiff,
vs.
GUTHRIE POLICE DEPARTMENT,
Defendant.
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Case No. CIV-17-1207-M
ORDER
On March 26, 2018, United States Magistrate Judge Charles B. Goodwin issued a Report
and Recommendation in this action brought pursuant to 42 U.S.C. § 1983, challenging plaintiff’s
arrest by defendant. The Magistrate Judge recommended that plaintiff’s federal claims be
dismissed without prejudice for failure to state a claim upon which relief may be granted and that
this Court decline to exercise jurisdiction over plaintiff’s supplemental state-law claims. Plaintiff
was advised of his right to object to the Report and Recommendation by April 16, 2018. A review
of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1)
ADOPTS the Report and Recommendation [docket no. 16] issued by the
Magistrate Judge on March 26, 2018;
(2)
DISMISSES plaintiff’s federal claims without prejudice for failure to state a
claim upon which relief may be granted1, and
(3)
DECLINES to exercise jurisdiction over plaintiff’s supplemental state-law claims.
IT IS SO ORDERED this 26th day of April, 2018.
1
This dismissal qualifies as a prior-occasion “strike” under 28 U.S.C. § 1915(g).
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