Walker v. University of Texas Medical Branch et al

Filing 39

ORDER adopting 37 Report and Recommendation. Pltf's purported federal claims are dismissed without prejudice. Pltf's remaining state claims are dismissed without prejudice for lack of jurisdiction. The reference to the magistrate judge is vacated. Signed by Judge Ron Clark on 8/7/09. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION FREDDIE L. WALKER, SR. d/b/a Walker's Empire Professional Janitorial Service V. UNIVERSITY OF TEXAS MEDICAL BRANCH, ET AL. NO. 1:08-CV-417 ORDER ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT The court referred this matter to the Honorable Earl S. Hines, United States Magistrate Judge, for pretrial proceedings pursuant to General Order 05-07 entered on July 31, 2008. The court has received and considered the report of the United States magistrate judge, who recommends that (1) the court dismiss sua sponte and without prejudice plaintiff's purported federal claims for failure to state a claim upon which relief can be granted and (2) the court dismiss all remaining claims governed by state law for lack of original, subject-matter jurisdiction. No objections have been filed. Further, the court's independent review confirms that the magistrate judge's findings, conclusions and analysis are correct. Accordingly, the magistrate judge's report is hereby ADOPTED. It is further ORDERED that, consistent with the magistrate's report and recommendation, plaintiff's purported federal claims are DISMISSED without prejudice. It is further ORDERED that plaintiff's remaining state claims are DISMISSED without prejudice for lack of jurisdiction. Final Judgment will be entered separately. The purpose of the referral having been served, it is further ORDERED that the reference to the magistrate judge is VACATED. So ORDERED and SIGNED this 7 day of August, 2009. ___________________________________ Ron Clark, United States District Judge Page 2 of 2

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