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Thomas v. Miles

United States District Court, E.D. Michigan, Southern Division

April 24, 2015

Romero Thomas, Plaintiff,
v.
Kimberly F. Miles, et. al., Defendants.

ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [30]

NANCY G. EDMUNDS, District Judge.

This matter comes before the Court on the Magistrate Judge's Report and Recommendation [30]. Proceeding in forma pauperis, Plaintiff filed a pro se complaint pursuant to 42 U.S.C. § 1983, alleging malicious prosecution in violation of both the United States Constitution and state law and a Brady violation. The Magistrate Judge recommended the Court dismiss Plaintiff's federal constitutional claims under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief can be granted and decline to exercise supplemental jurisdiction over his state law claims. Plaintiff did not file any objections. Nevertheless, the Court has reviewed the Magistrate Judge's report and agrees with her recommendation.

Accordingly, being fully advised in the premises and having reviewed the record and the pleadings, including the Report and Recommendation and any objections thereto, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation. Plaintiff's federal constitutional claims are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B) for failing to state a claim upon which relief can be granted. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims and DISMISSES them WITHOUT PREJUDICE.

SO ORDERED.


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