Smedley v. City of Ozark (MAG+)

Filing 7

ORDERED as follows: 1) Mr. Smedley's 6 Objection is OVERRULED; 2) The 5 Recommendation is ADOPTED; and 3) Mr. Smedley's § 1983 claims are DISMISSED pursuant to the directives of 28 USC § 1915(e)(2)(B)(ii). Signed by Chief Judge William Keith Watkins on 6/25/2013. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DARRELL SMEDLEY, Plaintiff, v. CITY OF OZARK, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:13-CV-304-WKW ORDER Before the court are the Magistrate Judge’s Recommendation (Doc. # 5) and Plaintiff Darrell Smedley’s objection (Doc. # 6). Having independently reviewed the file in this case and conducted a de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), the court finds that the objection lacks merit. First, Mr. Smedley’s objection to the application of the Rooker-Feldman doctrine fails to undermine the Recommendation’s sound reasoning. (See Recommendation 3–6); see also Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005) (explaining that Rooker-Feldman applies to “cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments”). Second, with respect to Mr. Smedley’s claim alleging 42 U.S.C. § 1983 municipality liability under a custom and policy theory, Mr. Smedley presents no argument that was not addressed in the Recommendation, and his arguments lack merit for the reasons set forth in the Magistrate Judge’s Recommendation. Based on the foregoing, it is ORDERED as follows: 1. Mr. Smedley’s objection (Doc. # 6) is OVERRULED; 2. The Recommendation (Doc. # 5) is ADOPTED; and 3. Mr. Smedley’s § 1983 claims are DISMISSED pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). An appropriate judgment will be entered. DONE this 25th day of June, 2013. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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