Madden v. Cleveland County of et al
| Robert Alan Madden |
| Cleveland County of, Justin Lawrence Pittman, Serena Melton, Deny Oesterling, Gary Hopcus, Aury Barrett, Derek Geiges, Gordon Herndon and Audra Overstreet |
| 5:2016cv00829 |
| July 22, 2016 |
| US District Court for the Western District of Oklahoma |
| Oklahoma City Office |
| Cleveland |
| Stephen P. Friot |
| Bernard M. Jones |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
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ORDER ADOPTING 8 Report and Recommendation. Plf's civil rights complaint is dismissed upon filing for failure to state a claim. To the extent plf has asserted claims against the Cleveland County District Attorney & a Cleveland County Court J udge, those claims are DISMISSED w/PREJUDICE based upon prosecutorial & judicial immunity, respectively. Plf's claims against dft Cleveland County & the official capacity claims against dft Justin Pittman, as well as the official capacity claim s against dfts Serena Melton, Deny Oesterling, Gary Hopcus, Aury Barrett, Derek Geiges, Gordon Herndon & Audra Overstreet are DISMISSED w/o PREJUDICE for failure to state a claim upon which relief may be granted. Plf's individual capacity claim s against dft Justin Pittman & against dfts Serena Melton, Deny Oesterling, Gary Hopcus, Aury Barrett, Derek Geiges, Gordon Herndon & Audra Overstreet are DISMISSED w/o PREJUDICE for failure to state a claim upon which relief may be granted. To the extent plf has raised claims sounding in habeas & seeking habeas relief, the court ABSTAINS from hearing those claims until the state prosecution against plf is resolved & plf has exhausted his state court remedies. The dismissal of plf's civil rights complaint counts as a strike pursuant to 28 USC § 1915(g). Signed by Honorable Stephen P. Friot on 10/27/2016. (llg)
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