Opinion
Case No. CIV-12-373-R
07-19-2012
DEMETRIUS TOMAZ ROGERS, Plaintiff, v. RAYMOND E. DENECKE, Defendant.
ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Robert E. Bacharach entered June 26, 2012 [Doc. No. 10] and Plaintiff's Objection to the Report and Recommendation filed July 16, 2012 [Doc. No. 11]. Also before the Court is Plaintiff's "Motion to Summons Defendant(s)" [Doc. No. 12]. The Court reviews the Report and Recommendation de novo in light of Plaintiff's objection.
Plaintiff argues that Defendant, a public defender acting as Plaintiff's lawyer at the time in question, was acting under color of state law. Plaintiff is wrong. See Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 70 L.Ed.2d 509, 521 (1981); Thomas v. Dona Ana County District Attorney, 361 Fed. Appx. 965, 967 (10th Cir. 2010).
In accordance with the foregoing, the Report and Recommendation of the Magistrate Judge is ADOPTED, Plaintiff's 42 U.S.C. § 1983 claim is DISMISSED and the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claim. Plaintiff's "Motion to Summons Defendant(s)" [Doc. No. 12] is DENIED as moot.
IT IS SO ORDERED this 19th day of July, 2012.
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DAVID L. RUSSELL
UNITED STATES DISTRICT JUDGE