Marshall v. McWhorter et al, No. 4:2019cv01088 - Document 14 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 13 Magistrate Judge's Report and Recommendation. Signed by Judge Abdul K Kallon on 5/28/2020. (JLC)
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Marshall v. McWhorter et al Doc. 14 FILED 2020 May-28 PM 03:13 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION TERRILL DUANE MARSHALL, Plaintiff, v. SUMMER MCWHORTER, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 4:19-cv-01088-AKK-HNJ MEMORANDUM OPINION The magistrate judge filed a report on May 7, 2020, recommending the court dismiss without prejudice the plaintiff’s federal claims pursuant to 28 U.S.C. § 1915A(b)(1)-(2) for failing to state a claim upon which relief can be granted and for seeking monetary relief from a defendant who is immune from such relief. Doc. 13. The magistrate judge further recommended that the court dismiss without prejudice the plaintiff’s state law claim pursuant to 28 U.S.C. § 1367(c). Id. Although the magistrate judge advised the plaintiff of his right to file specific written objections within fourteen days, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Therefore, in accordance with 28 U.S.C. § 1915A(b)(1)-(2), the plaintiff’s federal claims are due Dockets.Justia.com to be dismissed without prejudice for failing to state a claim upon which relief can be granted and for seeking monetary relief from a defendant who is immune from such relief. Additionally, because the Eleventh Circuit has “encouraged district courts to dismiss any remaining state claims, when, as here, the federal claims have been dismissed prior to trial,” Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088 (11th Cir. 2004) (citation omitted), the plaintiff’s state law claim is due to be dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3). A Final Judgment will be entered. DONE the 28th day of May, 2020. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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