Davis v. Alabama Department of Transportation et al

Filing 58

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows:(1) The United States Magistrate Judge's recommendation (doc. no. 56 ) is adopted, with the exception noted in the opinion. (2) Defendants motion to dismiss (doc. no. [4 9]), as construed, is granted to the extent that plaintiffs complaint is dismissed without prejudice. All other pending motions are denied as moot. It is further ORDERED that costs are taxed againstplaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/29/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DWIGHT H. DAVIS,

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Plaintiff,
v.
ALABAMA DEPARTMENT OF
TRANSPORTATION, as a
person under U.S.C.
§ 1983; et al.,
Defendants.

CIVIL ACTION NO.
2:16cv583-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The
recommendation

United
(doc.

States
no.

56)

Magistrate
is

adopted,

Judge's
with

the

exception noted in the opinion.
(2) Defendants’ motion to dismiss (doc. no. 49), as
construed, is granted to the extent that plaintiff’s

complaint is dismissed without prejudice.*
All other pending motions are denied as moot.
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

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 29th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

*

As
plaintiff
has
not
objected
to
the
recommendation or otherwise raised the issue, the court
does not address whether the tolling provision of 28
U.S.C. § 1367(d) applies to any of his state-law
claims.