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17-132 - Patrick v. Alabama Department of Corrections et al (INMATE 1)(JOINT ASSIGN)


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17-132 - Patrick v. Alabama Department of Corrections et al (INMATE 1)(JOINT ASSIGN)
May 8, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the Recommendation of the Magistrate Judge that: 1) The dfts' 15 motion for summary judgment be granted as to the plf's Eighth Amendment claims of deliberate indifference and cruel and unusual punishment; 2) The Eighth Amendment claims be dismissed with prejudice; 3) This case, with respect to the plf's pendent state law claims of medical malpractice and negligence be remanded back to the Circuit Court of Montgomery County, Alabama for disposition as this court deems it inappropriate to exercise supplemental jurisdiction over these claims; 4) This case be dismissed; 5) No costs be taxed herein; Objections to R&R due by 5/22/2017. Signed by Honorable Judge Wallace Capel, Jr on 5/8/2017. (wcl, )
June 19, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 6/19/17. (djy, )
June 19, 2017
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JUDGMENT, in accordance with the opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) ORDER ADOPTING 18 REPORT AND RECOMMENDATION of the Magistrate Judge; (2) def's 15 Motion for Summary Judgment is granted as to plf's Eight Amendment claim only; (3) Judgment is entered in favor of defs andagainst plf on the Eighth Amendment claim, with plf taking nothing as to that claim; (4) Pursuant to 28 U.S.C. 1367(c)(3), this court declines to exercise supplemental jurisdiction over plfs state-law claims, and these claims are remanded to the Circuit Court of Montgomery County, Alabama; directing the clerk: (1) to enter this document on the civil docket as a final judgment as to only plf's Eighth Amendment claim pursuant to Rule 58 of the FRCP; and (2) to take appropriate steps to effect the remand back to state court of plf's state-law claims; No costs are taxed; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 6/19/17. (Attachments: # (1) civil appeals checklist). Certified copy of OPINION and JUDGMENT mailed to Circuit Court Clerk, Montgomery County, AL.(djy, )