Opinion
Civil No. 3:10-1087.
May 25, 2011
ORDER
On April 13, 2011, the Magistrate Judge issued a Report and Recommendation (Docket No. 42), to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, the following are hereby ORDERED:
1. The Motion to Dismiss filed by defendant Lassiter (Docket No. 17), the Motion to Dismiss filed by defendant Lucas (Docket No. 19), and the Motion For Summary Judgment filed by defendant Howard (Docket No. 32) are GRANTED, and the plaintiff's claims against these three defendants under 42 U.S.C. § 1983 are DISMISSED WITH PREJUDICE.
2. The court declines to exercise jurisdiction over the plaintiff's state law claims against defendants Lassiter, Howard and Lucas, and these claims are DISMISSED WITHOUT PREJUDICE under 28 U.S.C. § 1367(c).
3. Defendants Lassiter, Howard and Lucas are DISMISSED as defendants in this action.
4. Defendants Preston and James are DISMISSED from this action without prejudice pursuant to Rule 4(m), FED. R. CIV. P.
This case is REFERRED back to the Magistrate Judge for further handling under the original referral Order.
It is so ORDERED.