Coggins v. Town of Jackson's Gap (MAG+)

Justia Dockets & Filings Eleventh Circuit Alabama Middle District Coggins v. Town of Jackson's Gap (MAG+)

Coggins v. Town of Jackson's Gap (MAG+)

Plaintiff:	Gene Coggins
Defendant:	Town of Jackson's Gap
Case Number:	3:2008cv00974
Filed:	December 10, 2008
Court:	US District Court for the Middle District of Alabama
Office:	Civil Rights: Other Office
County:	Chambers
Presiding Judge:	Susan Russ Walker
Presiding Judge:	William Keith Watkins
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	42:1983 Civil Rights Act

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Date Filed	Document Text
January 27, 2009	Filing 9 ORDER construing 8 Motion for the Illegal Form, Denying Guaranteed "Due Process of Law" as an Objection to the Magistrate Judge's Recommendation; it is ORDERED as follows: 1) Mr. Coggins's 8 Objection is OVERRULED; 2) The 5 Recommendation is ADOPTED; 3) Mr. Coggins's claims arising from his incarceration and the City's failure to take action to protect Mr. Coggins's property are DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i) and (ii), as the y are frivolous, malicious, and barred by res judicata; 4) Mr. Coggins's additional claims relating to the recent theft of property and the City's annexation of property are DISMISSED without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 1/27/2009. (wcl, )
December 12, 2008	Filing 5 ORDER and RECOMMENDATION OF THE MAGISTRATE JUDGE; ORDER granting 2 MOTION to Proceed in forma pauperis, and denying 3 MOTION for Leave to Use the Appendix System; RECOMMENDATION of the Magistrate Judge that: (1) plf's claims arising from his incarceration and the City's failure to take action to protect plf's property be DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i) and (ii), as they are frivolous, malicious, and barred by res judicata; and (2) that plf's a dditional claims relating to the recent theft of property and the City's annexation of property be DISMISSED without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be GRANTED; Objections to R&R due by 12/29/2008; ORDERED that the Clerk file the Recommendation of the Magistrate Judge and serve a copy on the parties to this action. Signed by Honorable Susan Russ Walker on 12/12/2008. (wcl, )

Date Filed

Document Text

January 27, 2009

Filing 9 ORDER construing 8 Motion for the Illegal Form, Denying Guaranteed "Due Process of Law" as an Objection to the Magistrate Judge's Recommendation; it is ORDERED as follows: 1) Mr. Coggins's 8 Objection is OVERRULED; 2) The 5 Recommendation is ADOPTED; 3) Mr. Coggins's claims arising from his incarceration and the City's failure to take action to protect Mr. Coggins's property are DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i) and (ii), as the y are frivolous, malicious, and barred by res judicata; 4) Mr. Coggins's additional claims relating to the recent theft of property and the City's annexation of property are DISMISSED without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 1/27/2009. (wcl, )

December 12, 2008

Filing 5 ORDER and RECOMMENDATION OF THE MAGISTRATE JUDGE; ORDER granting 2 MOTION to Proceed in forma pauperis, and denying 3 MOTION for Leave to Use the Appendix System; RECOMMENDATION of the Magistrate Judge that: (1) plf's claims arising from his incarceration and the City's failure to take action to protect plf's property be DISMISSED with prejudice pursuant to 28 USC 1915(e)(2)(B)(i) and (ii), as they are frivolous, malicious, and barred by res judicata; and (2) that plf's a dditional claims relating to the recent theft of property and the City's annexation of property be DISMISSED without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be GRANTED; Objections to R&R due by 12/29/2008; ORDERED that the Clerk file the Recommendation of the Magistrate Judge and serve a copy on the parties to this action. Signed by Honorable Susan Russ Walker on 12/12/2008. (wcl, )

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