Opinion
No. 3:16-CV-1039-M
07-31-2017
DONALD L. WISE, JR., Plaintiff, v. CHRIS WILMOTH, et al., Defendants.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
The defendants' Motion to Dismiss Under Rule 12(b)(1) and 12(b)(6), filed November 28, 2016 (doc. 45) is GRANTED in part and DENIED in part. By separate judgment, the plaintiff's constitutional claims will be DISMISSED without prejudice for lack of subject-matter jurisdiction, but to the extent that subject-matter jurisdiction exists, the claims will be DISMISSED with prejudice for failure to state a claim upon which relief can be granted. All of the plaintiff's state law claims against D. Scott Curry will be DISMISSED with prejudice based on qualified immunity, and alternatively, for failure to state a claim. The remaining state law claims will be sua sponte DISMISSED with prejudice for failure to state a claim. Plaintiff's motion for summary judgment is DENIED AS MOOT.
SIGNED this 31 day of July, 2017.
/s/ _________
BARBARA M. G. LYNN
CHIEF JUDGE