Hamilton v. Trail et al

Filing 40

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the court decline to exercise supplemental jurisdiction and dismiss all remaining claims governed by state law for lack of original, subject-matter jurisdiction. Signed by Judge Marcia A. Crone on 7/21/11. (mrp, )

UNITED STATES DISTRICT COURT

LOUIS CHARLES HAMILTON, II,
Plaintiff,
versus
JOSEPH L. TRAIL, STEVE JOHNSON,
ULYSSES GRANT STEWART, ET AL.
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:09-CV-496

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The court referred this matter to the Honorable Earl S. Hines, United States magistrate
judge, for pretrial proceedings pursuant to a referral order entered on June 30, 2009. The court
has received and considered the report of the United States magistrate judge, who recommends
that the court dismiss sua sponte plaintiff’s purported federal claims because they fail to state a
claim upon which relief can be granted for deprivation or violation of any federally protected
right.

Additionally, the magistrate judge recommends that the court decline to exercise

supplemental jurisdiction and dismiss all remaining claims governed by state law for lack of
original, subject-matter jurisdiction. No objections have been filed.
The magistrate judge’s report is hereby ADOPTED. The purpose of the referral having
been served, it is further
ORDERED that the reference to the magistrate judge is VACATED. It is further
ORDERED that all pending motions are DENIED as moot.

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Final judgment will be entered separately.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 21st day of July, 2011.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE