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16-207 - Swan v. Mobile County Sheriff's Department, et al


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16-207 - Swan v. Mobile County Sheriff's Department, et al
July 15, 2016
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REPORT AND RECOMMENDATIONS: It is recommended tha, prior to service of process,the federal claims be dismissed without prejudice, because the claims are either frivolous or fail to state a claim upon which relief can be granted, and the state-law claims be dismissed without prejudice, because the Court declines to exercise its supplemental jurisdiction. Within the time period for filing objections, Plaintiff is given the opportunity to file an amended complaint that states a plausible claim. Objections to R&R due by 8/4/2016. Signed by Magistrate Judge Bert W. Milling, Jr on 7/15/2016. Copy mailed to Plaintiff. (tgw)
August 16, 2016
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ORDER ADOPTING the 5 REPORT AND RECOMMENDATIONS. It is ORDERED that the federal claims be dismissed without prejudice pursuant to 28 U.S.C. §1915(e)(2)(B)(i) and (ii), because the claims are either frivolous or fail to state a claim upon which relief can be granted, and the state-law claims be dismissed without prejudice. Signed by Chief Judge William H. Steele on 8/16/2016. (tgw)
August 16, 2016
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JUDGMENT: It is ORDERED that the federal claims be dismissed without prejudicepursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), because the claims are either frivolous or fail to state a claim upon which relief can be granted, and the state-law claims be dismissed without prejudice. No costs are to be taxed. Signed by Chief Judge William H. Steele on 8/16/2016. (tgw)