Dysart v. BankTrust

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATIONS in accordance with the Memorandum of Opinion, dfts motions to dismiss 27 30 and 31 are granted; the remaining dfts are dismissed sua sponte; pla's claim under the RICO is DISMISSED w/o prej for fai lure to state a claim; pla's remaining state law claims are DISMISSED in their entirety, w/o prej under 28 USC 1367(c0(3); Case reassigned to Judge L Scott Coogler for all further proceedings. Magistrate-Judge Robert R Armstrong no longer assigned to case. Signed by Judge L Scott Coogler on 7/3/12. (KGE, )

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FILED 2012 Jul-03 PM 02:08 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NELL C. DYSART, ) ) ) ) ) ) ) ) ) Plaintiff, vs. BANKTRUST, et al., Defendants. 2:11-cv-01917-LSC ORDER In accordance with the Memorandum of Opinion entered contemporaneously herewith, it is hereby ORDERED, ADJUDGED, and DECREED that Defendants’ Motions to Dismiss (Docs. 27, 30, 31) are granted. Moreover, the remaining Defendants are dismissed from this action sua sponte. Plaintiff’s claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq., is hereby DISMISSED, without prejudice, for failure to state a claim. Fed. R. Civ. P. 12(b)(6). Plaintiff’s remaining state law claims are DISMISSED in their entirety, without prejudice, under 28 U.S.C. § 1367(c)(3). This matter is closed. Costs are taxed to the Plaintiff. Done this 3rd day of July 2012. ____________ L. SCOTT COOGLER UNITED STATES DISTRICT JUDGE 139297 Page 1 of 1

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