United States District Court, M.D. Alabama, Northern Division
REPORT AND RECOMMENDATION
A. Baker United States Magistrate Judge
20, 2016, Plaintiff Meredith Garrard Stevens filed a civil
complaint in this court averring claims under 42 U.S.C.
§ 1983 and various state law claims against Nancy
Buckner, Kim Mashego, and Corrine Matt, each in their
individual and official capacities (collectively,
“Defendants”). (Doc. 1). Defendants filed a
motion to dismiss Plaintiff's Complaint pursuant to Rule
12(b)(6), Fed.R.Civ.P. (Doc. 11). The District Judge granted
that motion to the extent of dismissing Counts I and II of
the Complaint as moot. (Docs. 39, 40). Count III is the sole
remaining federal claim.
reasons stated herein, it will be further
RECOMMENDED that the remaining claims of the
Complaint be DISMISSED AS MOOT.
matter jurisdiction is conferred by 28 U.S.C. § 1331 as
to Plaintiff's federal causes of action, and the court
may exercise supplemental jurisdiction over her state law
claims pursuant to 28 U.S.C. § 1367. The parties do not
contest personal jurisdiction or venue, and the court finds
sufficient information of record to support both.
See 28 U.S.C. § 1391. On January 5, 2017, the
above-styled matter was referred to the undersigned for
review by United States District Judge Myron H. Thompson.
(Doc. 23); see also 28 U.S.C. § 636(b); Rule
72, Fed. R. Civ. P.; United States v. Raddatz, 447
U.S. 667 (1980); Jeffrey S. v. State Board of Education
of State of Georgia, 896 F.2d 507 (11th Cir. 1990).
STANDARD OF REVIEW
12(b)(6) motion to dismiss tests the sufficiency of the
Complaint against the legal standard set forth in Rule 8:
“a short and plain statement of the claim showing that
the pleader is entitled to relief.” Fed.R.Civ.P.
evaluating a motion to dismiss pursuant to Rule 12(b)(6), the
court must take “the factual allegations in the
complaint as true and construe them in the light most
favorable to the plaintiff.” Pielage v.
McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008).
However, “the tenet that a court must accept as true
all of the allegations contained in a complaint is
inapplicable to legal conclusions.” Ashcroft v.
Iqbal, 556 U.S. 662, 663 (2009). “[A]
plaintiff's obligation to provide the ‘grounds'
of his ‘entitle[ment] to relief' requires more than
labels and conclusions, and a formulaic recitation of the
elements of a cause of action will not do.”
Twombly, 550 U.S. at 555.
survive a motion to dismiss, a complaint must contain
sufficient factual matter, accepted as true, to ‘state
a claim to relief that is plausible on its face.'”
Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp.
v. Twombly, 550 U.S. 544, 570 (2007)).
“Determining whether a complaint states a plausible
claim for relief [is] ... a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense.” Id. at 663
(alteration in original) (citation omitted). “[F]acial
plausibility” exists “when the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Id. (citing Twombly, 550
U.S. at 556). The standard also “calls for enough facts
to raise a reasonable expectation that discovery will reveal
evidence” of the claim. Twombly, 550 U.S. at
556. While the complaint need not set out “detailed
factual allegations, ” it must provide sufficient
factual amplification “to raise a right to relief above
the speculative level.” Id. at 555.
when the allegations in a complaint, however true, could not
raise a claim of entitlement to relief, ‘this basic
deficiency should ... be exposed at the point of minimum
expenditure of time and money by the parties and the
court.'” Twombly, 550 U.S. 558 (quoting 5
Wight & Miller § 1216, at 233-34 (quoting in turn
Daves v. Hawaiian Dredging Co., 114 F.Supp. 643, 645
(D. Haw. 1953)) (alteration original). “[O]nly a
complaint that states a plausible claim for relief survives a
motion to dismiss.” Iqbal, 556 U.S. at 679
(citing Twombly, 550 U.S. at 556).
“In keeping with these principles a court considering a
motion to dismiss can choose to begin by identifying
pleadings that, because they are no more than conclusions,
are not entitled to the assumption of truth. While legal
conclusions can provide the framework of a complaint, they
must be supported by factual allegations. When there are
well-pleaded factual allegations, a court should assume their
veracity and then determine whether they plausibly give rise
to an entitlement to relief.”
Iqbal, 556 U.S. at 679.
BACKGROUND AND STATEMENT OF FACTS
Alabama Department of Human Resources (“DHR”)
maintains a Statewide Central Registry (“the
Registry”) pursuant to § 26-14-8, Ala. Code
(1975). (Doc. 1 at 2). Defendant Buckner is the Commissioner
of DHR, Defendant Mashego is the Director of the Shelby