Pittman v. State Farm Fire and Casualty Insurance Company, et al. (JOINT ASSIGN)
OPINION. Signed by Honorable Judge Myron H. Thompson on 12/14/15. (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
WINDHAM TODD PITTMAN,
STATE FARM FIRE AND
COMPANY; et al.,
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff filed this
lawsuit claiming that defendants--his former girlfriend, a
sheriff’s deputy, an insurance company, its employee, and
constitutional rights by subjecting him to a malicious
prosecution and presenting a false affidavit in support of
a search-warrant request.
Plaintiff also brought a number
of state-law claims based on the same allegations.
defendant, Teresa Spence, is pro se.
This lawsuit is now
States Magistrate Judge that the motions to dismiss filed
by the represented defendants be granted, that the federal
claims against them be dismissed with prejudice, and that
the state-law claims against them be dismissed without
prejudice, and with leave to refile in state court.
Pro se defendant Teresa Spence’s motion
to dismiss is before the court as well.
(While her motion
to dismiss was made in answer to the original complaint,
amended complaints are essentially the same, and, in any
event, the plaintiff has not made an issue of the court’s
consideration of Spence’s motion to dismiss.)
independent and de novo review of the record, the court
concludes that the objections should be overruled, the
magistrate judge’s recommendation adopted, and the motions
to dismiss granted.
An appropriate judgment will be entered.
DONE, this the 14th day of December, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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