Williams v. Holmes et al
| Thresa Lynn Williams |
| Doris Holmes, Alabama Mental Health Dept., Talladega City Police Dept., Eric Dean, Jason Freeman, Jason Busby, Glen Nabors, David Sparks, Johnny A Scales, Adrienne F Scales Smith, Billy Atkinson, Talladega County Police Department, Brookwood Hospital and Armand Schachter |
| 1:2017cv00799 |
| May 15, 2017 |
| US District Court for the Northern District of Alabama |
| Eastern Office |
| Talladega |
| Karon O Bowdre |
| Other Civil Rights |
| 42 U.S.C. ยง 1981 |
| None |
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Filing
7
MEMORANDUM OPINION AND ORDER GRANTING 2 MOTION for Leave to Proceed In Forma Pauperis. In an abundance of caution, the Court grants the plaintiff's motions to amend (docs. 5 & 6) and will address, in this Order, her claims against the defen dants included in those amendments. The Court DISMISSES WITH PREJUDICE as a matter of law the plaintiff's causes of action relating to any federal or state crimes because criminal statutes do not create a private right of action in a private cit izen to file criminal charges. The Court DISMISSES WITH PREJUDICE as a matter of law all claims against the defendant Probate Judge Billy Atkinson in his official capacity, based on judicial immunity. The Court DISMISSES WITHOUT PREJUDICE all claims against the Talladega Police Department and Talladega County Sheriffs Department for failure to state a claim upon which relief can be granted under 42 U.S.C. § 1983. The Court DISMISSES WITHOUT PREJUDICE all § 1983 claims against the Alaba ma Department of Mental Health (ADMH) for failure to state a claim upon which relief can be granted. The Court DISMISSES WITHOUT PREJUDICE all claims against defendants Officers Eric Dean, Jason Freeman, Jason Busby, Glen Nabors, and David Sparks for failure to state a claim upon which relief can be granted. The Court DISMISSES WITHOUT PREJUDICE all § 1983 claims against defendants Doris Holmes, Johnny A. Scales, Adrienne F. Scales Smith, Dr. Armand Schachter, Margaret Key Scales, Russell A lan Hamlin, Cinthia Darlene Hamlin, Brookwood Hospital, the Estate of Helen M. Scales, and Todd H. Barksdale for failure to state any plausible federal cause of action upon which relief can be granted. The court DISSMISSES WITHOUT PREJUDICE any remai ning state law claims against all defendants because no diversity or federal question jurisdiction exists for the court to decide any state law claims. Based on the rulings above, no defendants or claims remain in this case. CASE DISMISSED. Signed by Chief Judge Karon O Bowdre on 9/5/2017. (JLC)
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