Fuller v. Davis et al, No. 2:2014cv01908 - Document 59 (N.D. Ala. 2017)
Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 11/21/2017. (KBB)
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Fuller v. Davis et al Doc. 59 FILED 2017 Nov-21 AM 10:21 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID BOY FULLER, Plaintiff, v. SERGEANT ROBERT DAVIS, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-01908-AKK-TMP MEMORANDUM OPINION AND ORDER The magistrate judge filed a report (doc. 58) on October 25, 2017, recommending the plaintiff’s motion for summary judgment (doc. 55) be denied. The magistrate judge further recommended that the defendants’ special reports be construed as motions for summary judgment, and as such, that the motions be granted and the plaintiff’s federal claims dismissed with prejudice. It was also recommended that the court decline to exercise supplemental jurisdiction over any state law claims, and that such claims be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Finally, the magistrate judge recommended that defendant Davis’ “Motion to Certify this Lawsuit as Frivolous per PLRA” (doc. 53 at 12) be denied. Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court. Dockets.Justia.com Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the court ORDERS that the plaintiff’s motion for summary judgment (doc. 55) is DENIED. It is further ORDERED that the defendants’ special reports, being construed as motions for summary judgment, are GRANTED, and the plaintiff’s federal claims are due to be dismissed with prejudice. To the extent the plaintiff asserts state law claims in this action, those claims are due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). Defendant Davis’ motion to certify this action as frivolous (doc. 53 at 12) is DENIED. A Final Judgment will be entered. DONE the 21st day of November, 2017. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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