Martin v. City of Mobile

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

GEORGE MARTIN, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 17-0145-CG-MU ) CITY OF MOBILE, ALABAMA, ) et al., ) ) Defendants. )

JUDGMENT

In accordance with the Order entered this date granting Defendants’ Motions to Dismiss, it is hereby ORDERED, ADJUDGED, and DECREED that judgment is entered in favor of Defendants, City of Mobile, Alabama, Donald Pears, Thomas Calhoun, Charles Bailey, Wilbur Williams, and Mark Neno and against Plaintiff, George Martin. Plaintiff’s § 1983 claims 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). Additionally, Plaintiff’s state law claims are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3) as this Court will not exercise supplemental jurisdiction over those claims. DONE and ORDERED this 15th day of October, 2019.

/s/ Callie V. S. Granade SENIOR UNITED STATES DISTRICT JUDGE