Johnson v. City of Fairhope, Alabama et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 13 MOTION to Dismiss and Brief in Support Thereof filed by Tim Kant, Joe Petties, Shane Nolte, City of Fairhope, Alabama, Ernest Bishop, Stephanie Hollinghead that Plaintiff's claims are dismissed as set out. Signed by Chief Judge Kristi K. DuBose on 5/11/2017. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ERIC EUGENE JOHNSON, Plaintiff, v. CITY OF FAIRHOPE, ALABAMA, et al., Defendants. : : : : : : : CIVIL ACTION 16-00595-KD-N ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated April 14, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Plaintiff’s claim(s) be dismissed as set forth in the Report and Recommendation as follows: 1) 2) 3) Plaintiff’s § 1983 claim(s) based on the actions described in Plaintiff’s Complaint are dismissed with prejudice for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and on the grounds that the claims are barred by the applicable statute of limitations; Plaintiff’s § 1983 claim(s) based on his conviction or sentence, to the extent Plaintiff was attempting to assert the same, are dismissed without prejudice as premature pursuant to Heck v. Humphrey, 512 U.S. 477, 489–90, 114 S.Ct. 2364, 2374, 129 L.Ed.2d 383 (1994); and Plaintiff’s state law claims are dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3) as Court will not exercise supplemental jurisdiction over those claims. DONE and ORDERED this the 11th day of May 2017. /s/ Kristi K. DuBose KRISTI K. DuBOSE CHIEF UNITED STATES DISTRICT JUDGE

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