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15-1106 - Porter v. Sauve et al


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15-1106 - Porter v. Sauve et al
May 4, 2017
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ORDER and REPORT-RECOMMENDATION: RECOMMENDED that Defendants' motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 33) be GRANTED, and that Plaintiff's complaint (Dkt. No. 1) be DISMISSED IN ITS ENTIRETY WITHOUT LEAVE TO AMEND. RECOMMENDED that the District Court decline to exercise supplemental jurisdiction over Plaintiff's state law claims without prejudice subject to refiling in state court and to reconsideration in the event the District Court does not accept this Court's recommendation for dismissal of Plaintiff's section 1983 claims without leave to amend. Objections to R&R due by 5/22/2017 Case Review Deadline 5/25/2017. Signed by Magistrate Judge Therese Wiley Dancks on 5/4/17. {r&r served via regular mail on plaintiff}(nas, )
May 25, 2017
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ORDER: ORDERED that the Report-Recommendation (Dkt. No. 37) is ADOPTED in its entirety. ORDERED that Defendants' motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Dkt. No. 33) is GRANTED and plaintiff's complaint (Dkt. No. 1) is DISMISSED IN ITS ENTIRETY WITHOUT LEAVE TO AMEND. ORDERED that the District Court declines to exercise supplemental jurisdiction over plaintiff's state law claims. ORDERED that the clerk close this case. Signed by Senior Judge Gary L. Sharpe on 5/25/17. {order served via regular mail on plaintiff}(nas, )