Austin v. City of Montgomery et al (MAG+)

Filing 12

ORDERED that: (1) The 11 Objection to the Recommendation of the Magistrate Judge is overruled; (2) The 10 Recommendation of the Magistrate Judge is adopted; (3) The plaintiff's challenge to the outcome of the Montgomery County Circuit Court civil proceeding is DISMISSED with prejudice; (4) The plaintiff's state law claims are DISMISSED without prejudice; and (5) This case is DISMISSED pursuant to FRCP 12(b)(1) and 12(h)(3). Signed by Hon. Chief Judge Mark E. Fuller on 4/17/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION A L O N Z O AUSTIN, P la in tif f , v. C IT Y OF MONTGOMERY, et al., D e f e n d a n ts. ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-188-MEF WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #11) to the Recommendation of the Magistrate J u d g e filed on April 15, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #10) filed on April 2, 2009 is adopted; 3 . The plaintiff's challenge to the outcome of the Montgomery County Circuit Court c iv il proceeding is DISMISSED with prejudice. 4 . The plaintiff's state law claims are DISMISSED without prejudice. 5 . This case is DISMISSED pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3). D O N E this the 17th day of April, 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE