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15-373 - Shepherd v. Wilson et al

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15-373 - Shepherd v. Wilson et al
December 22, 2015
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d by Richard Stringer and 26 MOTION to Dismiss Plaintiff's Complaint filed by Aaron Carpenter be granted as to Shepherd's federal claims in his complaint; that 47 MOTION to Amend Complaint filed by Mickel Shepherd be denied; and that the remaining claims be dismissed without prejudice as set out. Objections to R&R due by 1/5/2016. Signed by Magistrate Judge Katherine P. Nelson on 12/21/2015. (cmj)REPORT AND RECOMMENDATIONS re 42 MOTION to Strike be denied; that 7 MOTION to Dismiss filed by Stan Wilson, Clarke-Washington Electric Cooperative, 18 MOTION to Dismiss Washington County Sheriff Richard Stringer file
January 8, 2016
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ORDER entered that after due and proper consideration, the R&R is adopted as the opinion of this Court. Defendant Richard Stringer's motion to strike (Doc. 42) is DENIED. The Defendants' Motions to Dismiss under Federal Rule of Civil Procedure 12(b)(6) (Docs. 7, 18, 26) are GRANTED as to Plaintiff Mickel Shepherd's federal claims in his Complaint (Doc.1). Shepherd's requests for leave to amend and to engage in discovery embedded in his response brief (Doc. 32 at 4-5) and his separate motion for leave to amend (Doc. 47) are DENIED. The Court declines to continue exercising supplemental jurisdiction over Shepherd's state law, county law, and Cooperative rules and by-laws claims in his Complaint (Doc. 1) and DISMISSES those claims WITHOUT PREJUDICE.. Signed by Judge Kristi K. DuBose on 1/8/2016. (mcb)