United States District Court, D. Oregon, Medford Division
March 14, 2014
JEREMY LUQUIN, Plaintiff,
JACKSON COUNTY, et al., Defendants.
OWEN M. PANNER, District Judge.
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1) (B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd. , 700 F.2d 1202, 1206 (8th Cir. 1983).
After reviewing the file, I agree with Magistrate Judge Clarke that plaintiff cannot state a claim for relief under 42 u.s:c. § 1983. I also agree that this court should decline to exercise jurisdiction over plaintiff's remaining claims, which are under state law.
Magistrate Judge Clarke's Report and Recommendation (#17) is adopted. Defendants' motion to dismiss (#6) is granted with prejudice as to plaintiff's claim under 42 U.S.C. § 1983 and without prejudice and leave to refile in state court as to plaintiff's remaining claims under state law.
IT IS SO ORDERED.