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Luquin v. Jackson County

United States District Court, D. Oregon, Medford Division

March 14, 2014

JEREMY LUQUIN, Plaintiff,
v.
JACKSON COUNTY, et al., Defendants.

ORDER

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.

CONCLUSION

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.


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