Opinion
Civil Action 20-00445-JB-B
07-19-2021
RODERICK HICKS, #172188, Plaintiff, v. MARY COOK, et al., Defendants.
ORDER
JEFFREY U. BEAVERSTOCK, UNITED STATES DISTRICT JUDGE.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Plaintiff's Eighth and Fourteenth Amendment claims against Defendant Tamarowia Dailey be dismissed, without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), for failure to state a claim upon which relief can be granted; that Plaintiff's claims against Defendants Dailey and Cook for violations of the Fourth Amendment be dismissed, with prejudice, pursuant 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous; and that Plaintiff's Eighth and Fourteenth Amendment claims against Defendant Mary Cook be dismissed, with prejudice, pursuant 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. The Court declines to exercise supplemental jurisdiction over any state-law claims.
DONE and ORDERED.