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15-825 - Murphy v. Colley et al (MAG+)


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15-825 - Murphy v. Colley et al (MAG+)
January 13, 2017
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE as follows: (1) That Murphy's 10 Amended Complaint be DISMISSED WITHOUT PREJUDICE for failure to comply with the court's orders and FRCP; (2) That, to the extent Murphy's amended complaint is not dismissed in its entirety for failure to comply with the court's orders and the FRCP, his federal claims be DISMISSED WITHOUT PREJUDICE pursuant to 1915(e)(2)(B)(i) and (ii) because they are frivolous and fail to state claims upon which relief can be granted, and that the court DECLINE to exercise supplemental jurisdiction over Murphys remaining state-law claims pursuant to 28 U.S.C. 1367(c); and (3) That the motions to dismiss filed by Defendants Robb Colley, Kelly Colley, Houghton Smith, Tytrena Fields, and the State of Alabama (Docs. 20-21, 27-28, 33) be DENIED AS MOOT. Objections to R&R due by 1/27/2017. Signed by Honorable Judge Gray M. Borden on 1/13/2017. (dmn, )
February 1, 2017
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ORDER directing as follows: (1) the 51 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) This case is DISMISSED without prejudice for Plf's failure to comply with court orders and the FRCP and because, under 28 U.S.C. 1915(e)(2)(B)(i) and (ii), the federal claims are frivolous and fail to state a claim upon which relief can be granted; and (3) The motions to dismiss filed by Defendants Houghton Smith 20, State of Alabama 21, Robb Kelley 27, Kelly Colley 28, and Tytrena Fields 33 are DENIED as moot. Signed by Chief Judge William Keith Watkins on 2/1/17. (djy, )