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07-635 - Dyess v. Auburn University (MAG+)


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07-635 - Dyess v. Auburn University (MAG+)
September 11, 2007
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ORDER (1) ADOPTING 11 REPORT AND RECOMMENDATION of the Mag. Judge; (2) because Kelley G. Taylor, Lynn Hammond and John Saidla have been voluntarily dropped as parties to this action, the defs' motion to dismiss 7 is DENIED as moot; (3) this case is referred back to the Mag Judge for further proceedings. Signed by Judge William Keith Watkins on 9/11/07. (Attachments: # (1) civil appeals checklist)(djy, )
August 13, 2008
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REPORT AND RECOMMENDATIONS re 35 MOTION for Summary Judgment filed by Auburn University; the undersigned Mag Judge recommends Auburn's Motion for Summary Judgment (doc. 35) be granted; The undersigned further Recommends that Final Judgment be entered against the named Plaintiff--John Dyess--and in favor of Defendant-- Auburn; Having recommended the dismissal of the federal claims, the Mag Judge further recommends the Court decline to exercise supplemental jurisdiction over any state law claims; Objections to R&R due by 8/26/2008. Signed by Honorable Wallace Capel, Jr on 8/13/08. (vma, )
September 2, 2008
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ORDER denying on the merits and as untimely 41 MOTION for Summary Judgment filed by John Dyess; adopting 40 REPORT AND RECOMMENDATIONS re 35 MOTION for Summary Judgment filed by Auburn University; granting 35 MOTION for Summary Judgment filed by Auburn University; the court declines to exercise supplemental jurisdiction over the state law claims, pursuant to 28 USC 1367 (c)(3), and the state law claims are dismissed without prejudice. Signed by Honorable William Keith Watkins on 9/2/08. (Attachments: # (1) appeal checklists)(vma, )
September 2, 2008
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FINAL JUDGMENT it is the Order, Judgment and Decree that judgment is entered in favor of Defendant Auburn University and against Plaintiff Jon Dyess ("Dyess") on all federal law claims and that Mr. Dyess' state law claims are dismissed without prejudice pursuant to 28 USC 1367(c)(3); The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable William Keith Watkins on 9/2/08. (vma, )