Ward v. Smoke et al
JUDGMENT, in accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) plf's 35 Objections to Report and Recommendation are overruled; (2) the 33 Report and Recommendation of the Magistrate Judge is adopted; (3) defs' 27 Motion to Dismiss amended complaint is granted; (4) plfs' federal claims for violations of substantive and procedural due process (Count I) and equal protection (Count II) are dismissed with prejudice for failure to state a claim upon which relief can be granted; (5) plf's state claim (Count III) is dismissed without prejudice and with leave to refile in state court; further ORDERING that costs are taxed against plf, for which exec ution may issue; directed the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 12/28/15. (Attachments: # 1 civil appeals checklist)(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
STEPHANIE DANIELS SMOKE,
Individually and as a
member of the Elmore
CIVIL ACTION NO.
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
recommendation (doc. no. 33) is adopted.
(3) Defendants' motion to dismiss amended complaint
(doc. no. 27) is granted.
(4) Plaintiff’s federal claims for violations of
substantive and procedural due process (Count I) and
relief can be granted.
dismissed without prejudice and with leave to refile in
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
This case is closed.
DONE, this the 28th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?