Summary
applying the version in effect at the time the plaintiff's causes of action accrued in 1999 and 2000 because the 2011 amendment to 28-1-106 "applied only to actions that accrued on or after its effective date"
Summary of this case from Patton v. Shelby Cnty. Gov'tOpinion
NO. 3-12-0590
10-19-2012
JOHN ALLEN HESSMER v. BAD GOVERNMENT, et al.
JUDGE CAMPBELL
ORDER
Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No.15) and Objections filed by the Plaintiff (Docket No. 23).
Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved.
Accordingly, Plaintiff's claims against all Defendants, except Defendant Chief Bryant in his individual capacity for alleged retaliatory transfer, be DISMISSED with prejudice. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims, and those claims are DISMISSED without prejudice.
The case against Defendant Bryant is referred back to the Magistrate Judge for further pretrial proceedings in accordance with the Court's prior Order (Docket No. 3).
IT IS SO ORDERED.
______________________
TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE