McAdams v. Talladega County Jail et al, No. 7:2012cv02492 - Document 45 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/29/2014. (AVC)
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FILED 2014 Aug-29 AM 11:12 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION JOSEPH B. McADAMS, Plaintiff, v. TALLADEGA COUNTY JAIL, et. al., Defendants. } } } } } } } } } Case No.: 7:12-cv-02492-RDP-JEO MEMORANDUM OPINION On July 9, 2014, the Magistrate Judge s Report and Recommendation was entered and the parties were allowed therein eleven (11) days in which to file objections to the recommendations made by the Magistrate Judge. (Doc. # 42). On July 21, 2014, Plaintiff filed a Motion for a Thirty Day Extension of Time for Plaintiff to File his Objections. (Doc. # 43). On July 22, 2014, the Motion (Doc. # 43) was granted, and Plaintiff was given an additional thirty days, or until August 21, 2014 to file objections. (Doc. # 44). No objections were filed. After careful consideration of the record in this case and the Magistrate Judge s Report and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court further ACCEPTS the recommendations of the Magistrate Judge: (1) that Defendants special report be treated as a motion for summary judgment and be granted; (2) that Plaintiff s Eighth Amendment claims be dismissed with prejudice; (3) that Plaintiff s retaliation claim be dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A(b)(1); (4) that the court decline to exercise supplemental jurisdiction over Plaintiff s state law claims of medical malpractice or negligence: and (5) that those claims be dismissed, without prejudice, pursuant to 28 U.S.C. § 1367(c)(3) A separate order in accordance with this Memorandum Opinion will be entered. DONE and ORDERED this August 29, 2014. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2