Turnbough v. Wantland et al
| Conway Jay Turnbough, Jr |
| Timothy D Wantland and James W Ely, Jr |
| 4:2016cv00193 |
| April 11, 2016 |
| US District Court for the Northern District of Oklahoma |
| Tulsa Office |
| Alfalfa |
| Paul J Cleary |
| Claire V Eagan |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
14
OPINION AND ORDER by Judge Claire V Eagan - Plaintiff's conspiracy claims against defendants Wantland and Ely are dismissed without prejudice for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(1). Defendant James W. Ely, Jr., is dismissed with prejudice from this action, based on Ely's prosecutorial immunity from § 1983 actions for damages predicated on Ely's prosecutorial functions, pursuant to 28 U.S.C. § 1915A(b)(2). Defendant Timothy Wantland is dismissed with prejudice from this action for plaintiff's failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(1). The Court declines to exercise supplemental jurisdiction over plaintiff's state court claims, and these claims are dismissed without prejudice. Plaintiff's claim regarding the protective order is dismissed without prejudice for failure to state a claim, pursuant to 28 U.S.C. § 1915A(b)(1). Plaintiff's federal criminal claims are dismissed wi th prejudice, pursuant to 28 U.S.C. § 1915A(b)(1). The Clerk is directed to flag this dismissal as plaintiff's first "prior occasion" for purposes of 28 U.S.C. § 1915(g). Plaintiff remains obligated to pay in monthly instal lments the balance of the $350 filing fee for this case. Plaintiff's motion for U.S. Marshal's service of the summons and complaint (Dkt. # 10) and Plaintiff's motion for administrative order for U.S. Marshal's Service (Dkt. # 13) are denied as moot. ; denying 10 Motion for Miscellaneous Relief; denying 13 Motion for Miscellaneous Relief (Re: 2 Complaint, 9 Amended Complaint ) (RGG, Chambers)
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