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Jamie Lee Lark v. Sheriff Dillman

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


March 25, 2012

JAMIE LEE LARK, PLAINTIFF
v.
SHERIFF DILLMAN, ET AL.,
DEFENDANTS

The opinion of the court was delivered by: Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania

Chief Judge Kane Magistrate Judge Blewitt

ORDER

Before the Court is a March 5, 2013 Report and Recommendation of Magistrate Judge Blewitt. (Doc. No. 6.) In his Report and Recommendation, Magistrate Judge Blewitt recommends that the Court dismiss with prejudice Plaintiff's federal claims in his amended complaint (Doc. No. 2-3), decline to exercise supplemental jurisdiction over his remaining state-law claims, remand the case to the Lebanon County Court of Common Pleas, and deny as moot Defendants' motion to dismiss (Doc. No. 3). (Doc. No. 6 at 23.) No timely objections have been filed.*fn1

ACCORDINGLY, on this 25th day of March 2013, finding no error in Magistrate Judge Blewitt's Report and Recommendation, IT IS HEREBY ORDERED THAT:

1. The Court adopts the Report and Recommendation (Doc. No. 6) of Magistrate Judge Blewitt.

2. Plaintiff's Eighth Amendment claims raised in his amended complaint (Doc. 2-3) are DISMISSED WITH PREJUDICE.

3. The Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state-law claims.

4. The above-captioned case is REMANDED to the Lebanon County Court of Common Pleas with respect to Plaintiff's remaining claims.

5. Defendants' motion to dismiss (Doc. No. 3) is DENIED AS MOOT.

6. The Clerk of Court is directed to close the case.

Yvette Kane


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