Summary Calendar JOHN W. HARDY v. City of Senatobia, Mississippi

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-60959
Summary Calendar
JOHN W. HARDY,
Plaintiff-Appellant,
v.
CITY OF SENATOBIA, MISSISSIPPI,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Mississippi
No. 2:06-CV-81
Before SMITH, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
John Hardy appeals the summary judgment denying his various state and
federal claims. Instead of attacking the judgment in regard to the merits, Hardy
United States Court of Appeals
Fifth Circuit
F I L E D
July 22, 2008
Charles R. Fulbruge III
Clerk

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No. 07-60959
2
focuses on a notion that the motion for summary judgment was somehow not in
a proper posture to be considered by the district court. In that respect, Hardy
presents no cogent or meritorious argument.
In any event, the summary judgment is sound on the merits. We affirm,
essentially for the reasons given by the district court in its Memorandum Opin-
ion entered on November 1, 2007. Although it does not affect the result, we note
that the district court erred in its analysis of the Fifth Amendment concerning
the incorporation doctrine for the Fourteenth Amendment. See, e.g., Benton v.
Maryland, 395 U.S. 784 (1969) (double jeopardy).
AFFIRMED.

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