Opinion
1:22-CV-1876
05-16-2023
JOSHUA I. PAYNE, Plaintiff v. JOHN DOE #1, et al., Defendants
ORDER
ROBERT B. MARIANI UNITED STATES DISTRICT JUDGE
AND NOW, THIS 15th DAY OF MAY, 2023, upon review of Magistrate Judge Martin C. Carlson's Report & Recommendation (“R&R”) (Doc. 16) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
On April 6, 2023, Plaintiff requested an extension of time to file objections to the pending R&R (see Doc. 17). This Court granted Plaintiffs motion and ordered all objections to be filed on or before May 3,2023 (Doc. 18). Despite this extension of time, Plaintiff has failed to file any objections.
1. The R&R (Doc. 16) is ADOPTED for the reasons stated therein.
2. Defendants' Motion to Dismiss, filed by Defendants Hauser, Mook, and White (Doc. 10) is GRANTED.Plaintiff's federal constitutional claims are DISMISSED WITH PREJUDICE.
The Court notes that Plaintiff also named John Doe #1-3 as defendants in this action. However, where this Court has found that Plaintiff has failed to state a constitutional claim for violating his due process rights, the federal claims against John Doe #1-3 also must be dismissed.
3. Pursuant to 28 U.S.C. § 1367(c)(3), the Court DECLINES to exercise supplemental jurisdiction over Plaintiff's state law claims. Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE.
4. The Clerk of Court is directed to CLOSE the above-captioned action.