Sealey v. Stidham et al (JOINT ASSIGN)(MAG+)
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 8/27/2015. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MELVIN L. SEALEY,
TAMARA A. STIDHAM (Senior
Vice Pres. of Branch
Banking and Trust
Company), et al.,
CIVIL ACTION NO.
before the court on the recommendation of the United
objections to the recommendation.
However, Sealey has
filed a notice of voluntary dismissal pursuant to Fed.
Tamara A. Stidham, Edward A. R. Miller,
Richard A. Wright, and Kelly S. King.
because these defendants have not yet filed an answer
After an independent and de novo review
record, the court concludes that the magistrate judge’s
recommendation should be adopted as to the remaining
The recommendation mistakenly asserts that
Branch Banking and Trust was not named as a party and
was not served.
See Recommendation (doc. no. 30), at
18; but see Complaint (doc. no. 1-2), at 3 (listing
Branch Banking and Trust as a defendant).
While it is
unclear whether Branch Banking and Trust was properly
served, it has appeared through counsel in this matter,
joined in filing the notice of removal and motion to
dismiss, and seemingly acknowledged having been served
in the notice of removal.
In any case, this minor
misstatement makes no difference in the result.
addition, the recommended denial of Sealey’s motion to
amend the complaint is proper because Sealey has not
shown how amendment would allow him to state a viable
claim (for example, by noting ‘how’ in an objection to
the recommendation) and because it does not appear that
an amendment would save his claims.
An appropriate judgment will be entered.
DONE, this the 27th day of August, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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