Williams v. City of Level Plains, Alabama

Filing 24

(VACATED PURSUANT TO THE COURT'S 26 JUDGMENT) JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 22 recommendation is adopted, with the exception stated in the opinion entered today ; (2) Dft's 10 motion to dismiss is granted to the following extent: (a) Plf's discrimination claims based on plf's pay and working conditions are dismissed with prejudice; (b) Plf's retaliation claims and his discrimination cla ims based on discipline, demotion, and discharge are dismissed without prejudice, and with leave to file an amended complaint; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is n ot closed, and is referred back to the US Magistrate Judge for further proceedings, including setting a schedule for plf to file an amended complaint. Signed by Honorable Judge Myron H. Thompson on 9/28/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, ) Modified on 9/28/2017 (wcl, ).

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JOHNNY L. WILLIAMS,

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)
)
)
)
)
)
)
)
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Plaintiff,
v.
CITY OF LEVEL PLAINS,
ALABAMA,
Defendant.

CIVIL ACTION NO.
1:16cv984-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
recommendation

United
(doc.

States
no.

22)

Magistrate
is

adopted,

Judge's
with

the

exception stated in the opinion entered today.
(2) Defendant's motion to dismiss (doc. no. 10) is
granted to the following extent:
(a) Plaintiff’s discrimination claims based on
plaintiff’s pay and working conditions are dismissed
with prejudice.

(b)

Plaintiff’s

discrimination

claims

retaliation

based

on

claims

discipline,

and

his

demotion,

and discharge are dismissed without prejudice, and with
leave to file an amended complaint.
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 not closed, and is referred back to
the

United

States

Magistrate

Judge

for

further

proceedings, including setting a schedule for plaintiff
to file an amended complaint.
DONE, this the 28th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE