Coggins v. Town of Jackson's Gap (MAG+)
||Town of Jackson's Gap
||December 10, 2008
||US District Court for the Middle District of Alabama
||Civil Rights: Other Office
||Susan Russ Walker
||William Keith Watkins
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||42:1983 Civil Rights Act
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|January 27, 2009
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
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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