Stanley v. Clay, Alabama, City of

Filing 20

MEMORANDUM OPINION & ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATION the court GRANTS both motions (doc 13 & 16 ) and DISMISSES WITH PREJUDICE Counts IV and V in the Second Amended Complaint (doc 10 ), case will proceed with pla's claim in Count I of Second Amended Complaint; court REMANDS remaining claim back to magistrate judge for further proceedings. Signed by Judge Karon O Bowdre on 11/30/12. (ASL)

FILED
2012 Nov-30 PM 02:49
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL STANLEY,
Plaintiff,
v.
CITY OF CLAY, ALABAMA, et al.,
Defendants.

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Civil Action Number:
2:12-cv-0374-JEO

MEMORANDUM OPINION & ORDER
The plaintiff, Michael Stanley, brought this civil rights action pursuant to 42 U.S.C. § 1983
asserting claims against the his former employer, the City of Clay, Alabama; the City’s Mayor, Ed
McGuffie; and its Personnel Administrator, Bobby Christmas. The City filed a motion to dismiss
on March 19, 2012. (Doc. 5). On June 14, 2012, the court adopted the magistrate judge’s report and
recommendation; dismissed Counts II and III with prejudice; and denied the motion to dismiss on
Counts I, IV and V. (Doc. 11). In his three remaining claims, the plaintiff alleges that the
defendants violated his due process rights under the Fourteenth Amendment in connection with an
alleged demotion and termination of his employment. (Doc. 10, Second Amended Complaint).
On July 5, 2012, the City filed a motion to dismiss Counts IV and V (doc. 13), and
defendants Bobby Christmas and Ed McGuffie filed a motion to dismiss Counts IV and V(doc. 16)
on July 19, 2012. The magistrate judge entered his Report and Recommendation on October 31,
2012, recommending that the court grant both motions. (Doc. 19). No parties have filed any
objections.
Having carefully reviewed and considered de novo all the materials in the court file, the court
ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. Accordingly, the court

GRANTS both motions (doc. 13 & 16) and DISMISSES WITH PREJUDICE Counts IV and V in
the Second Amended Complaint (doc. 10). The case will proceed with the plaintiff’s claim in Count
I of the Second Amended Complaint. The court REMANDS the remaining claim back to the
magistrate judge for further proceedings.
DONE and ORDERED this 30th day of November, 2012.

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KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

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