Ferrell v. The Board of Adjustment et al (MAG+)

Filing 14

OPINION. Signed by Honorable Judge Myron H. Thompson on 2/22/2013. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

EARDINE W. FERRELL,

)
)
Plaintiff,
)
)
v.
)
)
BOARD OF ADJUSTMENT, et al.,)
)
Defendants.
)

CIVIL ACTION NO.
3:12cv973-MHT
(WO)

OPINION
Plaintiff filed this lawsuit asserting federal and
state claims against defendants (various private and state
officials and entities), seeking to recover for injuries
suffered when she fell into a hole.

This lawsuit is now

before the court on the recommendations of the United
States

Magistrate

Judge

that

plaintiff’s

case

be

dismissed, with the federal claims dismissed for failure
to state a claim and the state claims dismissed with leave
to refile in state court.

Also before the court are

plaintiff’s objections to the recommendations.

After an

independent and de novo review of the record, the court

concludes that plaintiff’s objections should be overruled
and the magistrate judge’s recommendations adopted.
An appropriate judgment will be entered.
DONE, this the 22nd day of February, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE