Graham v. Wells Fargo Bank, N.A. et al (MAG+)

Filing 57

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plf's 54 Objections are overruled; (2) The US Magistrate Judge's 52 & 53 Recommendations are adopted; (3) Dfts' 13 , 18 , 21 , 25 , 29 , & 39 Mot ions to Dismiss are granted; (4) Dfts' 25 Motion for Sanctions is denied; (5) All claims against dfts McLauchlin and Quattlebaum in their official capacities are dismissed without prejudice on grounds of sovereign immunity and lack of subject- matter jurisdiction; (6) All claims against dfts McLauchlin and Quattlebaum in their individual capacities are dismissed with prejudice on grounds of judicial immunity; (7) All claims against dfts Well Fargo, Malone, Carn, Godwin, and Petty for consp iracy to deprive plf of due process in violation of 42 USC § 1983 are dismissed with prejudice for failure to state a claim upon which relief can be granted; (8) All state-law claims against dfts Wells Fargo, Godwin, and Petty are dismissed with out prejudice for lack of subject-matter jurisdiction; (9) Because there are no other claims pending in this case, this case is dismissed in its entirety; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/24/2013. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

JAMES BRYSON GRAHAM,
Plaintiff,
v.
WELLS FARGO BANK, N.A.,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
1:12cv1034-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff's

objections

(Doc.

No.

54)

are

overruled.
(2) The

United

States

Magistrate

Judge's

recommendations (Doc. Nos. 52 & 53) are adopted.
(3) Defendants' motions to dismiss (Doc. No. 13, 18,
21, 25, 29, and 39) are granted.

(4) Defendants’ motion for sanctions (doc. no. 25)
is denied.
(5) All claims against defendants McLauchlin and
Quattlebaum in their official capacities are
dismissed

without

prejudice

on

grounds

of

sovereign immunity and lack of subject-matter
jurisdiction.
(6) All claims against defendants McLauchlin and
Quattlebaum in their individual capacities are
dismissed with prejudice on grounds of judicial
immunity.
(7) All

claims

against

defendants

Well

Fargo,

Malone, Carn, Godwin, and Petty for conspiracy
to deprive plaintiff of due process in violation
of 42 U.S.C. § 1983 are dismissed with prejudice
for failure to state a claim upon which relief
can be granted.
(8) All state-law claims against defendants Wells
Fargo, Godwin, and Petty are dismissed without

2

prejudice

for

lack

of

subject-matter

jurisdiction.
(9) Because there are no other claims pending in
this

case,

this

case

is

dismissed

in

its

entirety.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 24th day of June, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE