Madden v. Cleveland County of et al
| Robert Alan Madden |
| Cleveland County of, Inovative Plumbing Design, Andy and Sons Services, Oklahoma State of and Judge Stice |
| 5:2016cv00566 |
| May 26, 2016 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Cleveland |
| Stephen P. Friot |
| Gary M. Purcell |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
10
ORDER ADOPTING 7 Report and Recommendation. Plf's claims against dfts "Cleveland County DA," "Judge Stice," "State of Oklahoma," & "Cleveland County" seeking the dismissal of pndg state criminal charges are DISMISSED w/o PREJUDICE on the bases of failure to exhaust state remedies & abstention. Plf's 42 USC § 1983 claims against dfts "Cleveland County DA" & "Judge Stice" are DISMISSED w/PREJUDICE pursuant to 28 USC 7;§ 1915A & 1915(e)(2)(B) on the ground of absolute immunity. Plf's 42 USC § 1983 claims against dfts "Inovative Plumbing Design" & "Andy and Son's Servies" are DISMISSED w/PREJUDICE pursuant to 28 USC § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted. Any claim alleged under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), is also DISMISSED w/PREJUDICE pursuant to 28 USC § 1915(e) (2)(B) for failure to state a claim upon which relief may be granted. The dismissal of plf's cause of action counts as one "prior occasion" or "strike" pursuant to 28 USC § 1915(g). Signed by Honorable Stephen P. Friot on 7/19/2016. (llg)
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