McCall v. Montgomery Housing Authority et al (JOINT ASSIGN)(MAG+)

Filing 66

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. 64 ) are overruled. (2) The United States Magistrate Judge'srecommend ation (doc. no. 61 ) is adopted. (3) Defendants' motion to dismiss (doc. no. 41 ) is granted in part and denied in part, as follows: (a) Plaintiffs claims against defendants Nona Eath and Montgomery Board of Commissioners are dismissed without prejudice for failure to perfectservice, and said defendants are terminated as parties to this action. (b) Plaintiffs claims for declaratory and injunctive relief, due process, negligence, civil conspiracy, and disability discrimination are dismisse dwithout prejudice for failure to state a claim upon which relief can be granted. (c) Plaintiffs claims for race discrimination and retaliation under the Fair Housing Act will proceed. This case is not closed, and is referred back to the United States Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 11/28/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MINNIE McCALL,

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Plaintiff,
v.
MONTGOMERY HOUSING
AUTHORITY, et al.,
Defendants.

CIVIL ACTION NO.
2:14cv1113-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.

64)

are

overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 61) is adopted.
(3) Defendants' motion to dismiss (doc. no. 41) is
granted in part and denied in part, as follows:
(a) Plaintiff’s claims against defendants Nona
Eath

and

Montgomery

Board

of

Commissioners

are

dismissed

without

prejudice

for

failure

to

perfect

service, and said defendants are terminated as parties
to this action.
(b)
injunctive

Plaintiff’s
relief,

due

claims

for

process,

declaratory

negligence,

and
civil

conspiracy, and disability discrimination are dismissed
without prejudice for failure to state a claim upon
which relief can be granted.
(c) Plaintiff’s claims for race discrimination
and

retaliation

under

the

Fair

Housing

Act

will

proceed.
This case is not closed, and is referred back to
the

United

States

Magistrate

Judge

for

further

proceedings.
DONE, this the 28th day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE