Opinion
Civil Action No. 11-4 E
2013-09-23
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly
MEMORANDUM ORDER
On January 4, 2011, this case was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On August 21, 2013, the Magistrate Judge issued a Report (Doc. 195) recommending that Plaintiff's Partial Motion for Summary Judgment (Doc. 142) be denied and Defendants' Motion for Summary Judgment (Doc. No. 170) be granted. Service of the Report and Recommendation was made on the parties, and Plaintiff filed his objections (Doc. 202) on September 6, 2013.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and Plaintiff's objections thereto, the following Order is entered:
Plaintiff's Partial Motion for Summary Judgment (Doc. 142) is DENIED; Defendants' Motion for Summary Judgment (Doc. 170) is GRANTED; and the Report and Recommendation of Magistrate Judge Kelly dated August 21, 2013 hereby is adopted as the Opinion of the District Court. Pursuant to 28 U.S.C. §1367(c)(3), this Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims against Defendant Brownlee for alleged assault and battery. Accordingly, those claims are DISMISSED without prejudice to be litigated in state court, and this case shall be marked "closed."
IT IS SO ORDERED.
______________________
Cathy Bissoon
United States District Judge
cc (via ECF email notification): All Counsel of Record cc (via First-Class U.S. Mail): Corey Bracey
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