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Ralph W. Mcclain, Jr v. Michael Leander Davis

April 16, 2012

RALPH W. MCCLAIN, JR., PLAINTIFF
v.
MICHAEL LEANDER DAVIS, ET AL., DEFENDANTS



The opinion of the court was delivered by: William W. Caldwell United States District Judge

ORDER

AND NOW, this 16th day of April, 2012, upon consideration of the Report and Recommendation ("R&R") of Magistrate Judge Smyser (Doc. 8), to which no objections have been filed, and upon independent review of the record, the court finds no error in the R&R and concludes that the R&R should be adopted.

Accordingly, it is ORDERED that:

1. The R&R (Doc. 8) is adopted.

2. Plaintiff's § 1983 claims against Defendant Breeland are dismissed. Furthermore, we decline to exercise supplemental jurisdiction over state law claims against Defendant Breeland. Accordingly, all claims against Defendant Breeland are dismissed.

3. This case is remanded to Magistrate Judge Smyser for further proceedings.

William W. Caldwell

20120416

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