Williams v. City of Level Plains, Alabama

Filing 25

SUPPLEMENTAL OPINION. Signed by Honorable Judge Myron H. Thompson 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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Plaintiff,
v.
CITY OF LEVEL PLAINS,
ALABAMA,
Defendant.

CIVIL ACTION NO.
1:16cv984-MHT
(WO)

SUPPLEMENTAL OPINION
This

court

judgment
States

previously

adopting

Magistrate

dismiss

be

the

an

recommendation

Judge

granted,

entered

that

but

plaintiff

were

based

was

not

on

granting

the

the

by

and

United

motion

dismissal

mistaken

represented

of

defendant’s

prejudice and with leave to amend.
judgment

opinion

to

without

That opinion and
assumption
counsel

in

that
this

proceeding and was entitled to an opportunity to amend
because of his lack of training in the law.

Because

plaintiff

is

entitled

was
to

represented

the

same

by

counsel,

solicitude.

The

he

not

magistrate

judge’s decision denying plaintiff’s request for leave
to amend the complaint made clear that, if he sought an
opportunity to amend the complaint, he would need to
file a properly supported motion to amend.

No such

motion has been filed; nor has the court received an
objection to the recommendation or an appeal of the
decision denying leave to amend.
Accordingly,

the

court

will

vacate

the

earlier

entered opinion and judgment and enter a new judgment
adopting the magistrate judge’s recommendation without
exception and dismissing this case with prejudice.
DONE, this the 28th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE