Opinion
CIV. ACT. 1:20-cv-121-TFM-N
10-12-2021
FREDERICK FAY WROTEN, #260584, Plaintiff, v. J. LANGFORD FLOYD, et al., Defendants.
MEMORANDUM OPINION AND ORDER
TERRY F. MOORER UNITED STATES DISTRICT JUDGE
On July 23, 2021, the Magistrate Judge entered a report and recommendation which recommends the federal claims in this action be dismissed without prejudice pursuant to 28 U.S.C. §S 1915(e)(2)(B)(ii)-(iii), 1915A(b)(1)-(2) for failure to state a claim and because Defendants are immune to monetary relief, and further the Court should decline to exercise supplemental jurisdiction. See Doc. 15. Plaintiff timely filed his objections on August 25, 2021. See Doc. 18.
The Court reviewed Plaintiff's objections and though he attempts to debate the merits of the Magistrate Judge's recommendation, nothing he asserts offsets the well-reasoned analysis on Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d (1994) and its progeny or the judicial/prosecutorial immunity issues. As such, Plaintiff's objections are OVERRULED.
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 recommendation to which objection is made, the report and recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that prior to service of process, the federal claims are DISMISSED without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii-iii) and 1915A(b)(1)-(2). The Court further declines to exercise supplemental jurisdiction over the state law claims.
DONE and ORDERED.