Sullen v. Hogan et al, No. 1:2020cv00095 - Document 10 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION & ORDER ADOPTING 9 REPORT AND RECOMMENDATION. Plaintiff's federal claims are DISMISSED without prejudice prior to service as set out. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims and said claims are also DISMISSED without prejudice as set out. Signed by District Judge Terry F. Moorer on 12/2/20. (skb) (Copy to Plaintiff 12/2/20)

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Sullen v. Hogan et al Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIE ARTHUR SULLEN, Plaintiff, vs. ELWOOD HOGAN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:20-cv-95-TFM-B MEMORANDUM OPINION and ORDER On October 15, 2020, the Magistrate Judge entered a report and recommendation which recommends this action be dismissed without prejudice for failure to exhaust his state remedies. See Doc. 9. No objections were filed. After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation is ADOPTED as the opinion of this Court. Therefore, Plaintiff’s federal claims are DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The federal claims having been dismissed the Court declines to exercise supplemental jurisdiction over Plaintiff’s state law claims. Accordingly Plaintiff’s state law claims are also DISMISSED without prejudice. DONE and ORDERED this 2nd day of December, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com

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