Summary
finding that § 1997e(e) barred the claim for compensatory and punitive damages based on the disciplinary proceeding because no physical injury was alleged
Summary of this case from Fletcher v. StewartOpinion
Case No. 3:11cv418/MCR/CJK
03-25-2013
CLARENCE FRANK STEPHENSON, Plaintiff, v. WARDEN D. ELLIS, et al., Defendants.
ORDER
Upon consideration of the Second Report and Recommendation of the Magistrate Judge filed on January 25, 2013 (doc. 26), pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation (see doc. 29) the Recommendation is adopted as the opinion of the Court.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. The plaintiff's federal claims are DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B)(ii), for plaintiff's failure to state a claim upon which relief may be granted.
3. This court declines to exercise supplemental jurisdiction over plaintiff's state law claim and DISMISSES this claim without prejudice.
4. The clerk is directed to close the file.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE