Ward v. Smoke et al

Filing 38

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, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION RHONDA WARD, Plaintiff, v. STEPHANIE DANIELS SMOKE, Individually and as a member of the Elmore County Commission, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv675-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's objections (doc. no. 35) are overruled. (2) The United States Magistrate Judge's 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 equal protection prejudice for (Count failure II) state to are a dismissed claim upon with which relief can be granted. (5) Plaintiff’s state claim (Count III) is dismissed without prejudice and with leave to refile in state court. 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 document on the civil pursuant to Rule 58 of docket the as a final Federal Rules judgment of Procedure. This case is closed. DONE, this the 28th day of December, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE Civil

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