Phillip A. Talley v. City of Moody, No. 07-11479 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 07-11479 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT DEC 19, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 06-04820-CV-JFG-E BKCY. No. 05-44442-JJR-13 IN RE: PHILLIP A. TALLEY, Debtor. __________________________________________________________________ PHILLIP A. TALLEY, Plaintiff-Appellant, versus CITY OF MOODY, AL, Defendant-Appellee. ________________________ 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 summary judgment in favor of the City of Moody, Alabama, in a bankruptcy adversary proceeding. Talley alleges the City violated his bankruptcy stay by forcing him to pay a traffic fine 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 February 28, 2007. AFFIRMED. 2

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