Davis v. Correct Care Solutions

United States District Court for the Eastern District of Arkansas

Davis v. Correct Care Solutions

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION ALVIN L. DAVIS PLAINTIFF ADC #097660 v. No: 5:19-cv-00347 JM-PSH

ESTELLA BLAND DEFENDANT

ORDER The Court has reviewed the Findings and Recommendation submitted by United States Magistrate Judge Patricia S. Harris. No objections have been filed. After careful consideration, the Court concludes that the Findings and Recommendation should be, and hereby are, approved and adopted in their entirety as this Court’s findings in all respects. IT IS THEREFORE ORDERED that Bland’s motion for summary judgment (Doc. No. 74) is granted. Davis’ pending claims of deliberate indifference against Bland are dismissed with prejudice. The Court declines to exercise jurisdiction over Davis’ pendent state law negligence claims against Bland.! DATED this 19" day of July, 2022.

UNITED jn □□ JUDGE

' See ACLU vy. City of Florissant,

186 F.3d 1095

, 1098-99 (8th Cir. 1999) (“[W]hen state and federal claims are joined and all federal claims are dismissed on a motion for summary judgment, the state claims are ordinarily dismissed without prejudice to avoid needless decisions of state law ... as a matter of comity.”). See also Condor Corp. v. City of St. Paul,

912 F.2d 215, 220

(8th Cir. 1990) (“The judicial resources of the federal courts are sparse compared to the states. We stress the need to exercise judicial restraint and avoid state law issues wherever possible.”’).

Reference

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