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Deleanmus M. Bradley and v. Family Dollar

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 10, 2011

DELEANMUS M. BRADLEY AND
ENISHIA BRADLEY, PLAINTIFFS
v.
FAMILY DOLLAR, INC., JENNY GOODIN, ROBERT, RASHEEDA BAILEY AND JESSICA MERCADO, DEFENDANTS DELEANMUS M. BRADLEY AND
ENISHIA BRADLEY, PLAINTIFFS :
v.
FAMILY DOLLAR, INC., JENNY GOODIN, ROBERT, RASHEEDA BAILEY AND JESSICA MERCADO, DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

(Judge Conner)

ORDER

AND NOW, this 10th day of January, 2011, upon consideration of the Report and Recommendations (Docs. 5) of the Honorable Thomas M. Blewitt, United States Magistrate Judge, recommending that plaintiffs' motions to proceed in forma pauperis (Docs. 2) be granted solely for the purpose of filing these actions, that, pursuant to Rule 42(a), Civil Action Number 1:10-CV-2300 be consolidated into Civil Action No. 1:10-CV-2299, that Civil Action No. 1:10-CV-2299 be dismissed with prejudice as against all defendants with respect to plaintiffs' constitutional claims under § 1983 for failure to state a claim against defendants, and further recommending that any discrimination claims under Title II be dismissed with prejudice, and recommending that the court decline to exercise supplemental jurisdiction over plaintiffs' state law claims because the federal claims fail to state any cognizable right to relief and should be dismissed with prejudice and, following an independent review of the record, noting that plaintiffs filed objections*fn1 to the Report in Civil Action No. 1:10-CV-2299 on December 9, 2010 (Doc. 6), and the court finding Judge Blewitt's analysis to be thorough and well-reasoned, and the court finding plaintiffs' objections to be without merit and squarely addressed by Judge Blewitt's report,

it is hereby ORDERED that:

1. The Report and Recommendations of Magistrate Judge Blewitt (Docs. 5) are ADOPTED in their entirety.

2. Plaintiffs' motions to proceed in forma pauperis (Docs. 2) are granted solely for the purpose of filing these actions.

3. The Clerk of Court is instructed to CONSOLIDATE the case docketed as Civil Action No. 1:10-CV-2300 into the case docketed as Civil Action No. 1:10-CV-2299 and to CLOSE the case docketed as Civil Action No. 1:10-CV-2300.

4. Civil Action No. 1:10-CV-2299 is DISMISSED with prejudice as against all defendants with respect to plaintiffs' constitutional claims under § 1983 for failure to state a claim against defendants.

5. To the extent plaintiffs are deemed as raising discrimination claims under Title II, the claims are DISMISSED with prejudice.

6. The court declines to exercise supplemental jurisdiction over plaintiffs' state law claims because the federal claims fail to state any cognizable right to relief and are DISMISSED with prejudice.

7. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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