Johnson v. Coffee County Commission et al

Filing 51

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 49 recommendation is adopted; (2) Dfts' 43 motion to dismiss is granted to the extent that the following claims are dismissed without prejudice: purported claims arising under unspecified "federal laws;" the First Amendment claim contained in Count Two; and the disparate-impact claim contained in Count One; (3) Dfts' 43 motion to dismiss is denied in all other res pects; (4) Dfts' 43 motion to strike plf's claims relating to unspecified "federal laws" is denied as moot; further ORDERED that no costs are taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is referred back to the US Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 9/9/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
ARTHUR C. JOHNSON,
Plaintiff,
v.
COFFEE COUNTY COMMISSION,
et al.,
Defendants.

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CIVIL ACTION NO.
1:13cv414-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 49) is adopted.
(2) Defendants’ motion to dismiss (doc. no. 43) is
granted to the extent that the following claims are
dismissed without prejudice: purported claims arising
under unspecified “federal laws;” the First Amendment
claim contained in Count Two; and the disparate-impact
claim contained in Count One.

(3) Defendants’ motion to dismiss (doc. no. 43) is
denied in all other respects.
(4) Defendants’ motion to strike plaintiff’s claims
relating to unspecified “federal laws” (doc. no. 43) is
denied as moot.
It is further ORDERED that no costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is referred back to the United States
Magistrate Judge for further proceedings.
DONE, this the 9th day of September, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE