Ferguson v. City of Jasper et al

Filing 13

FINAL JUDGMENT In accordance with the Memorandum of Opinion entered contemporaneously herewith, it is hereby ORDERED, ADJUDGED, and DECREED that the plaintiff's claims in this action are dismissed for failing to state a claim upon which relief may be granted. The court declines to exercise supplemental jurisdiction over the plaintiff's state law claims, and those claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Abdul K Kallon on 10/2/2014. (PSM)

FILED
2014 Oct-02 AM 10:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
CECIL M. FERGUSON,
Plaintiff,

)
)
)
) Case no.: 5:13-CV-1678-AKK-JEO
)
)
)

v.
CITY OF JASPER, ALABAMA, et. al.,
Defendants.

FINAL JUDGMENT
In accordance with the Memorandum of Opinion entered contemporaneously herewith
and with Rule 58, FED. R. CIV. P., it is hereby ORDERED, ADJUDGED, and DECREED
that the plaintiff’s claims in this action are dismissed for failing to state a claim upon which
relief may be granted, pursuant to 28 U.S.C. § 1915A(b). The court declines to exercise
supplemental jurisdiction over the plaintiff’s state law claims, and those claims are
DISMISSED WITHOUT PREJUDICE, pursuant to 28 U.S.C. § 1367(c)(3). The plaintiff
is hereby put on notice that the dismissal of this action is a dismissal countable for purposes
of 28 U.S.C. § 1915(g).
Costs are taxed to the plaintiff.
For information regarding the cost of appeal, see the attached notice.
DONE this 2nd day of October, 2014.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
1

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley
Clerk

In Replying Give Number
Of Case and Names of Parties
NOTICE TO PRISONERS CONCERNING CIVIL APPEALS

The Prison Litigation Reform Act of 1995 (effective April 26, 1996) now REQUIRES
that all prisoners pay the Court’s $500 docket fee plus $5 filing fee (for a total of $505) when
appealing any civil judgment.
If you wish to appeal in a civil case that Act now requires that upon filing a notice of
appeal you either:
(1)

Pay the total $505 fee to the clerk of the district court from which this case
arose; or

(2)

arrange to have a prison official certify to the district court from which the
appeal arose the average monthly deposits and balances in your prison account
for each of the six months preceding the filing of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you
to pay an initial partial fee of at least 20% of the greater of either the average monthly
deposits or of the average monthly balances shown in your prison account. The remainder
of the total $505 fee will thereafter be deducted from your prison account each month that
your account balance exceeds $10. Each such monthly deduction shall equal 20% of all
deposits to your prison account during the previous month, until the total $505 fee is paid. (If
your prison account statement shows that you cannot pay even the required initial partial fee,
your appeal may nevertheless proceed, BUT THE TOTAL $505 FEE WILL BE ASSESSED
AGAINST AND WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON
ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison
account will continue until the total $505 fee is collected, even if an appeal is unsuccessful.
John Ley
2

Clerk

PLRA Notice

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