Files v. Duerr et al (INTAKE 1)
| Earnest J. Files, Jr. |
| Erin McWaters, Blake Jennings, Clayton Kim Taylor, David McMichaels, Brandi Hardaway, Christopher Nail, Jimmy Abbott, Charles Gillenwaters, Jeremy Duerr, Ray Martin, Jennifer Morris, James Bailey, William Grant, Damon Lewis, Thomas Frank Young, Jr. and Charles Hall, Jr. |
| 3:2020cv00387 |
| June 8, 2020 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 6 RECOMMENDATION OF THE MAGISTRATE JUDGE that the plaintiff's claims challenging (i) the authority of deputy court clerks to issue arrest warrants, (ii) his December 1, 2011 warrantless arrest to the extent it presents a false arrest claim, (iii) any term of pre-trial imprisonment on the pending criminal charges as false imprisonment, (iv) revocation of bond in the assault case, (v) being bound over to the grand jury in January of 2012 on the December 2011 charges, (vi) setting of bail on the December 2011 charges, (vii) alleged collusion in December of 2011, and (viii) representation provided by Charles Gillenwaters and his purported collusion with a judge and prosecutors while representing Files in the assault case, all of which accrued well more than two years prior to the filing of this case, be summarily DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations. In addition to the statute of limitations bar relevant to certain claims, it is further the RECOMMENDATION of the Magistrate Judge that: 1. The plaintiff's claim alleging Jennifer Morris and Brandi Hardaway, deputy circuit clerks for Tallapoosa County, Alabama, lacked authority to issue arrest warrants be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) as this claim is without merit. 2. The plaintiff's cliams of collusion be DISMISSED prejudice pursuant to the provisions of 28 U.S.C. 1915(e) 2)(B)(ii) as these claims provide no basis for relief. 3. The plaintiff's claims against Judge Ray Martin, Judge Clayton Kim Taylor and Judge Thomas Frank Young, Jr. be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as these defendants are entitled to absolute judicial immunity.4. The plaintiff's claims against District Attorney Jeremy Duerr, former Assistant District Attorney Damon Lewis and Assistant District Attorney Charles Hall, Jr. for actions undertaken while representing the State in criminal proceedings before the Circuit Court of Tallapoosa County, Alabama be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) because these defendants are entitled to prosecutorial immunity on such claims.5. The plaintiff's claims against Charles Gillenwaters and James Bailey for legal representation provided during state criminal proceedings before the Circuit Court of Tallapoosa County, Alabama be DISMISSED with prejudice pursuant to the provisions of by 28 U.S.C. 1915(e)(2)(B)(i) as these defendants are not state actors subject to suit in a 42 U.S.C.1983 action. 6. The plaintiff's claim of unlawful detention against defendants Jimmy Abbott, David McMichaels, Blake Jennings and Christopher Nail be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii) as this claim provides no basis for relief. 7. The plaintiff's claims for malicious prosecution be DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) as these claims are not yet ripe for review. 8. The plaintiff's claims which go to the fundamental legality of the assault conviction imposed upon him in April of 2019 by the Circuit Court of Tallapoosa County, Alabama be DISMISSED without prejudice under 28 U.S.C.1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action. 9. This case be dismissed prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Objections to R&R due by 7/27/2020. Signed by Honorable Judge Charles S. Coody on 7/13/2020. (kh, ) |
| Filing 5 Partial Filing fee received: $ 40.00, receipt number 4602058497. (cwl, ) |
| Filing 4 Initial Partial Filing fee received: $ 87.47, receipt number 4602058319. (cwl, ) |
Filing 3
ORDER directing payment of initial partial filing fee of $87.47 be paid on or before June 26, 2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk @ Donaldson Correctional Facility. Signed by Honorable Judge Charles S. Coody on 6/11/2020. (furn: acct clerk and cashier)(kh, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Earnest J. Files, Jr. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Jimmy Abbott, James Bailey, Jeremy Duerr, Charles Gillenwaters, William Grant, Charles Hall, Jr, Brandi Hardaway, Blake Jennings, Damon Lewis, Ray Martin, David McMichaels, Erin McWaters, Jennifer Morris, Christopher Nail, Clayton Kim Taylor, Thomas Frank Young, Jr, filed by Earnest J. Files, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(es, ) |
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