Lloyd v. City of Newport News, Virginia et al
| Starla Jean Lloyd |
| City of Newport News, Virginia, Gabe Morgan and Jane Doe |
| 4:2014cv00107 |
| August 22, 2014 |
| US District Court for the Eastern District of Virginia |
| Newport News Office |
| Newport News City |
| Mark S. Davis |
| Douglas E. Miller |
| Other Personal Injury |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
25
OPINION and ORDER granting in part and denying in part 10 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 24 Report and Recommendations. This Court finds no clear error, and hereby ADOPTS and APPROVES the en tirety of the findings and recommendations set forth in the R&R. It is therefore ORDERED that the Sheriff's motion to dismiss be GRANTED in part, and DENIED, in part. ECF No. 10. The Court hereby DISMISSES: (1) all of Plaintiff's claims aga inst the Sheriff in his official capacity; (2) Plaintiff's claims under 42 U.S.C. § 1983 against the Sheriff in his individual capacity; and (3) Plaintiff's state law claims against the Sheriff for simple negligence. After dismissing s uch matters, the only claim remaining against the Sheriff is Plaintiff's state law gross negligence claim. Plaintiff is hereby ORDERED to file a brief demonstrating why the claims remaining in this case should not also be dismissed. Plaintiff is hereby ORDERED to SHOW CAUSE, within twenty-one days of the date of this Opinion and Order, why this Court should not: (1) dismiss this action against defendant "Jane Doe" based on Plaintiff's failure to timely identify and serve such defendant; and (2) decline to exercise supplemental jurisdiction and dismiss the remaining state-law claim against the Sheriff pursuant to 28 U.S.C. § 1367 (c) (3).(bgra)
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