Talley v. Alabama Department of Public Safety (In Re Tally)

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS No. 07-11478 ELEVENTH CIRCUIT DEC 19, 2007 Non-Argument Calendar THOMAS K. KAHN ________________________ CLERK D. C. Docket No. 06-04819-CV-AR-S BKCY No. 05-44442-JJR-13 IN RE: PHILLIP A. TALLEY, Debtor. __________________________________________________________________ PHILLIP A. TALLEY, Plaintiff-Appellant, versus ALABAMA DEPARTMENT OF PUBLIC SAFETY, W.M. COPPAGE, in his official capacity Defendants-Appellees. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (December 19, 2007) Before BLACK, CARNES and BARKETT, Circuit Judges. PER CURIAM: Phillip A. Talley appeals the district court’s grant of the motion to dismiss his complaint he filed against Defendants Alabama Department of Public Safety and W.M. Coppage. Talley filed a bankruptcy adversary proceeding against the Defendants after they suspended his driver’s license because of his nonpayment of traffic tickets. Talley alleges the Defendants violated his bankruptcy stay by suspending his license after his bankruptcy petition was filed. The bankruptcy court concluded the traffic fine was a continuation of criminal proceedings permitted by 11 U.S.C. § 362(b)(1). The district court affirmed. After review of the record and the parties’ briefs, we affirm for the reasons stated in the district court’s well-reasoned opinion of January 29, 2007. AFFIRMED. 2