Allard v. Quinlan Pest Control Co.

Full title: STEPHEN ALLARD, Plaintiff, v. QUINLAN PEST CONTROL CO. INC Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Date published: Oct 20, 2011

Civil Action No. 3:05-CV-0584-K (N.D. Tex. Oct. 20, 2011)

Opinion

Civil Action No. 3:05-CV-0584-K

10-20-2011

STEPHEN ALLARD, Plaintiff, v. QUINLAN PEST CONTROL CO. INC Defendant.

ED KINKEADE

ORDER ACCEPTING FINDINGS AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.

Defendant's Objections to the Magistrate Judge's Findings Conclusions, and Recommendations, filed on September 28, 2011, are OVERRULED.

By separate judgment, Defendant Quinlan Pest Control Co., Inc.'s motion to dismiss Plaintiff's § 1983 claim against it under Rule 12(b)(6) for failure to state a claim will be GRANTED, and Plaintiff's § 1983 claim will be DISMISSED with prejudice.

Defendant's motion to dismiss any remaining state law claims against it under Rule 12(b)(1) will be DENIED. The Court declines to exercise supplemental jurisdiction over any such claims against Defendant, however, and they will be DISMISSED without prejudice to Plaintiff pursuing them in state court.

SO ORDERED.

ED KINKEADE

UNITED STATES DISTRICT JUDGE