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, )
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.
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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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