Wall v. Wall et al
| Kenneth Gene Wall |
| Anita Denise Wall, John B. Bush, Sibley G. Reynolds, Carol Fain Bush and Paul Hiebel |
| 2:2009cv00527 |
| June 5, 2009 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| Mark E. Fuller |
| Susan Russ Walker |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
40
ORDERED that 39 Recommendation of the Magistrate Judge is ADOPTED; that (2) The 10 Motion to Dismiss and the Motion for Judgment on the pleadings are GRANTED and that: (a) plaintiff's claims for declaratory and injunctive relief are DISMISSE D for lack of jurisdiction as further set out; (b) plaintiff's claims for damages against Judges Bush and Reynolds and Special Master/CourtReferee Hiebel are DISMISSED as further set out; (c) plaintiff's claims for damages against defendant s Griffith and Fain -- to the extent they arise from the actions taken by Judge Bush and Special Master/Court Referee Hiebel inplaintiff's divorce action and Judge Reynolds' actions in both the underlying divorce action and in the contempt proceedings conducted in 2005 -- are DISMISSED with prejudice as they are barred by the statute of limitations; and (d) that plaintiff's claims against defendants Griffith and Fain -- to the extent they arise from Judge Reynolds' actions in causing plaintiff to be arrested within the two years preceding the commencement of this action areDISMISSED without prejudice as further set out; and (3) The plaintiff's motion for preliminary injunction is DENIED. Signed by Hon. Chief Judge Mark E. Fuller on 9/24/2009. (cb, )
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Filing
39
ORDER that pro se defendant Griffith's 30 Motion to Dismiss which was previously construed as a motion for judgment on the pleadings, is further construed to include a motion for leave to amend her answer to include a statute of limitations de fense, and that the motion for leave to amend the answer is GRANTED; RECOMMENDATION of the Magistrate Judge that 10 Motion to Dismiss and 30 motion for judgment on the pleadings be GRANTED and that: (1) plaintiff's claims for declaratory and injunctive relief be DISMISSED for lack of jurisdiction pursuant to the Rooker-Feldman doctrine; (2) plaintiff's claims for damages against Judges Bush and Reynolds and Special Master/Court Referee Hiebel be DISMISSED with prejudice pursuant to their absolute judicial immunity; (3) plaintiff's claims for damages against defendants Griffith and Fain to the extent they arise from the actions taken by Judge Bush and Special Master/Court Referee Hiebel in plaintiff's divorce action a nd Judge Reynolds' actions in both the underlying divorce action and in the contempt proceedings conducted in 2005 be DISMISSED with prejudice as they are barred by the statute of limitations; and (4) that plaintiff's claims against defenda nts Griffith and Fain to the extent they arise from Judge Reynolds' actions in causing plaintiff to be arrested within the two years preceding the commencement of this action be DISMISSED without prejudice due to plaintiff's failure to alle ge facts sufficient to support a finding of "state action" on the part of either Griffith or Fain; that the Magistrate Judge further RECOMMENDS that plaintiff's motion for preliminary injunction be DENIED; that the Clerk is ORDERED to file the Recommendation of the Magistrate Judge and to serve a copy on the parties to this action; that the parties are DIRECTED to file any objections to this Recommendation on or before September 10, 2009. Signed by Honorable Susan Russ Walker on 8/28/2009. (cc, )
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