BRIAN A. v. STROUDSBURG AREA SCHOOL DISTRICT, (M.D.Pa. 2001)

THOMAS I. VANASKIE, Chief Judge Middle District of Pennsylvania.

NOW, THIS 26TH DAY OF MARCH, 2001, having carefully considered the well-reasoned Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt, in which Magistrate Judge Blewitt concludes that defendants are entitled to judgment in their favor on plaintiffs' claims under 42 U.S.C. § 1983 and 1985 concerning the suspension and expulsion of Brian A. from the Stroudsburg High School as a result of Brian's authoring a note that stated: "There's a bomb in this school Bang Bang!!"; and finding that plaintiffs have not filed objections to the February 22, 2000 Report and Recommendation, despite being apprised of the right to do so; and noting that review of the Report and Recommendation may accordingly be limited to ascertaining whether it contains clear error that not only affects substantial rights of the plaintiff but also seriously affects the integrity, fairness or public reputation of judicial proceedings, see Cruz v. Chater, 990 F. Supp. 375, 377 (M.D.Pa. 1998); and concluding that there is no such clear error on the face of the record in this case, IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation of Magistrate Judge Blewitt (Dkt. Entry 16) is ADOPTED.

2. Defendant's Motion for Summary Judgment (Dkt. Entry 9) is GRANTED IN PART. Defendants are entitled to judgment in their favor with respect to Counts I through IV of Plaintiffs' Complaint.

3. Exercise of supplemental jurisdiction over the state law claims asserted in Counts V through VII of the Complaint is declined, and Counts V through VII of the Complaint are dismissed, without prejudice.

4. The Clerk of Court is directed to mark this matter CLOSED.

5. The Clerk of Court is further directed to cause a copy of this Order to be forwarded to Magistrate Judge Blewitt.