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

Filing 15

JUDGMENT as follows: (1) Plaintiff's objections 13 are overruled. (2) The United States Magistrate Judge's recommendations 7 and 11 are adopted. (3) This lawsuit is dismissed in its entirety as follows: the federal claims are dismiss ed for failure to state a claim; and the state claims are dismissed with leave to refile in state court. 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 docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/22/2013. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff's

objections

(Doc.

No.

13)

are

overruled.
(2) The

United

recommendations

States
(Doc.

Magistrate
Nos.

7

and

Judge's
11)

are

adopted.
(3) This lawsuit is dismissed in its entirety as
follows: the federal claims are dismissed for
failure to state a claim; and the state claims

are dismissed with leave to refile in state
court.
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 docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 22nd day of February, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE