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15-859 - Youngblood v. Troy City Municipal Court et al (MAG+)


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15-859 - Youngblood v. Troy City Municipal Court et al (MAG+)
November 24, 2015
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ORDER GRANTING 2 MOTION for Leave to Proceed in forma pauperis ; further ORDERING that the clerk serve the summons and complaint on the defendants, and that defendants' obligation to file an answer or otherwise respond to the complaint is STAYED pending further order of the court; REPORT AND RECOMMENDATION of the Magistrate Judge that, pursuant to 28 U.S.C. 1915(e)(2)(B): (1) plf's claims against Judge N. J. Cervera be DISMISSED, as they are barred by Judge Cervera's absolute judicial immunity; (2) plf's state law claims against the Troy City Municipal Court (City of Troy) to the extent that they arise from Judge Cervera's conduct be DISMISSED, as they are also precluded by the defendant judge's absolute judicial immunity; (3) all of plf's 1983 claims against the Troy City Municipal Court (City of Troy) be DISMISSED, as the complaint does not state a claim for municipal liability under 1983; (4) that this matter be referred back to the Mag Judge for further proceedings; Objections to R&R due by 12/8/2015. Signed by Honorable Judge Susan Russ Walker on 11/24/15. (djy, )
December 9, 2015
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ORDER ADOPTING 9 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING as follows: (1) Plf's claims against Judge N. J. Cervera are DISMISSED, as they are barred by Judge Cervera's absolute judicial immunity; (2) plf's state law claims against the Troy City Municipal Court (City of Troy) to the extent that they arise from Judge Cervera's conduct are DISMISSED, as they are also precluded by the Defendant Judge's absolute judicial immunity; (3) plf's 1983 claims against the Troy City Municipal Court (City of Troy) are DISMISSED in their entirety, as the Complaint does not state a claim for municipal liabilityunder 1983; (4) this matter is referred back to the Mag Judge for further proceedings. Signed by Honorable Judge W. Harold Albritton, III on 12/9/15. (djy, )
January 28, 2016
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REPORT AND RECOMMENDATION of the Magistrate Jduge: (1) that plf's remaining claims against the Troy City Municipal Court (City ofTroy) and Officer Wright be DISMISSED without prejudice, as the claims arise under state law exclusively and there is no pending federal claim to support the continued exercise of supplemental jurisdiction over the claims; or (2) in the alternative, to the extent that plf's complaint may be construed to assert a federal excessive force claim against defendant Wright, that (a) any such federal claim be DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted, and (b) that the presiding District Judge decline to exercise supplemental jurisdiction over plf's remaining state law claims against Wright and the Troy City Municipal Court (City of Troy) and, accordingly, that all such state law claims also be DISMISSED without prejudice; or (3) in the alternative, that this action be DISMISSED without prejudice, pursuant to Rule 41(b) of the FRCP, due to the plf's failure to prosecute this action or to comply with orders of the court; Objections to R&R due by 2/11/2016. Signed by Honorable Judge Susan Russ Walker on 1/28/15. (djy, )
February 16, 2016
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ORDER ADOPTING 18 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING that plf's remaining claims against the Troy City Municipal Court (City of Troy) and Officer Wright are DISMISSED without prejudice, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 2/16/16. (djy, )
February 16, 2016
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FINAL JUDGMENT, in accordance with the order of the court entered in this case on this day, Final Judgment is entered in favor of the Defendants, and against the Plaintiff, and this case is DISMISSED without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 2/16/16. (Attachments: # (1) civil appeals checklist)(djy, )