Opinion
Case No. 5:13cv52/LAC/EMT
05-10-2013
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated April 1, 2013 (doc. 6). Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's state law claim is DISMISSED WITHOUT PREJUDICE to Plaintiff's right to assert it in state court.
3. This action is DISMISSED as to Plaintiff's remaining claims for lack of jurisdiction due to Plaintiff's failure to raise a non-frivolous federal claim.
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LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE