Opinion
CIVIL ACTION NO. 13-206-SDD-RLB
12-12-2013
REGINALD GEORGE (#111518) v. WARDEN N. BURL CAIN, ET AL
RULING
AND
ORDER OF DISMISSAL
The Court, after carefully considering the Petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 22, 2013, to which no objection has been filed, hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly,
IT IS ORDERED that Plaintiff's claims asserted against Cadet Fredrick Payton are dismissed, without prejudice, for failure of the Plaintiff to serve the Defendant within 120 days as mandated by Fed. R. Civ. P. 4(m).
IT IS FURTHER ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims and Plaintiff's Motion for Summary Judgment is denied.
Record Document 22
IT IS FURTHER ORDERED that the Defendants' Motion to Dismiss is granted, dismissing Plaintiff's claims asserted against Defendants, with prejudice, for failure to state a claim upon which relief may be granted.
Record Document 17
Baton Rouge, Louisiana, December 12th, 2013.
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SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA