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Henry Christopher Stubbs, Iii, and Larry Tooley, Sr v. the City of Wilkes-Barre

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


May 16, 2011

HENRY CHRISTOPHER STUBBS, III, AND LARRY TOOLEY, SR., PLAINTIFFS
v.
THE CITY OF WILKES-BARRE, PA, ET AL., DEFENDANTS

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

ORDER

AND NOW, this 16th day of May, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 20), recommending that the federal claims be dismissed and that the court decline to exercise supplemental jurisdiction over plaintiffs' state law claims, and, following an independent review of the record and noting that plaintiffs filed objections*fn1 to the report on April 25, 2011 (Doc. 23), and the court finding Judge Smyser's analysis to be thorough and well- reasoned, and the court finding plaintiffs' objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that:

1. The Report and Recommendation of the magistrate judge (Doc. 20) are ADOPTED.

2. The federal claims are DISMISSED pursuant to 28 U.S.C. § 1915A and the Court declines to exercise supplemental jurisdiction over plaintiffs' state law claims.

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

CHRISTOPHER C. CONNER United States District Judge


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