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15-025 - Epps et al v. Russell County Department of Human Resources et al (JOINT ASSIGN)(MAG+)


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15-025 - Epps et al v. Russell County Department of Human Resources et al (JOINT ASSIGN)(MAG+)
February 17, 2015
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ORDER AND RECOMMENDATION OF THE MAGISTRATE JUDGE: It is ORDERED that the 11 MOTION to Amend be and is hereby GRANTED. It is the RECOMMENDATION OF THE MAGISTRATE JUDGE: 1. that the Plaintiffs claims against Jane Doe #1 be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; 2. that all claims that the Plaintiffs purport to assert on behalf of their children, including claims of battery and emotional and educational neglect, be dismissed as frivolous pursuant to under § 1915(e)(2)(B)(i); 3. that the Plaintiffs claim for deprivation of the pursuit of happiness be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i); 4. that the Plaintiffs claim alleging forced servitude be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e) 2)(B)(ii) for failure to state a claim upon which relief can be granted; 5. that the Plaintiffs claim for deprivation of a good name be dismissed withoutprejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claimupon which relief can be granted; 6. that the Plaintiffs claim for deprivation of private property is due to be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); and 7. that this case be referred back to the Magistrate Judge for further proceedings. Objections to R&R due by 3/3/2015. Signed by Honorable Judge Charles S. Coody on 2/17/2015. (dmn, )
March 25, 2015
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OPINION and ORDER directing as follows: (1) ADOPTING 13 Report and Recommendation and of the Magistrate Judge; (2) The plaintiffs' claims against Jane Doe 1 are dismissed without prejudice pursuant to 28 U.S.C. 2 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; (3) All claims the plaintiffs purport to assert on behalf of their children, including claims of battery and emotional and educational neglect, are dismissed as frivolous pursuant to under 1915(e)(2)(B)(i); (4) The plaintiffs' claim for deprivation of the pursuit of happiness is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i); (5) The plaintiffs' claim alleging forced servitude is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted ; (6) The plaintiffs' claim for deprivation of a good name is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; (7) The plaintiffs' claim for deprivation of private property is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(I) ; (8) this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/25/15. (Attachments: # (1) civil appeals checklist)(djy, )
May 6, 2015
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RECOMMENDATION OF THE MAGISTRATE JUDGE that the plfs' 1 motion for a preliminary injunction be DENIED, and that the plfs' remaining claims REFERRED back to the Magistrate Judge for further proceedings; Objections to R&R due by 5/20/2015. Signed by Honorable Judge Charles S. Coody on 5/6/2015. (wcl, )
May 27, 2015
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ORDER directing that: (1) the plfs' 40 Objection to Report and Recommendation is overruled; (2) the 28 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (3) the plfs' 1 Motion for Preliminary Injunction is denied; (4) this cause is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 5/27/15. (Attachments: # (1) civil appeals checklist)(djy, )
January 6, 2016
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) the 43 MOTION for Declaratory Judgment filed by the plfs be DENIED; (2)the 45 MOTION to Dismiss by the RCDHR defendants be GRANTED; (3) the 46 MOTION TO DISMISS filed by defendant Erin be GRANTED; (4) the 48 MOTION TO DISMISS filed by defendant Ward be GRANTED; (5) the 49 MOTION TO DISMISS filed by defendant Russell County be GRANTED; and (6) the plf's 58 MOTION for Default Judgment be DENIED; further recommending that this case be DISMISSED; Objections to R&R due by 1/20/2016. Signed by Honorable Judge Charles S. Coody on 1/6/16. (djy, )
January 27, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 1/27/16. (djy, )
January 27, 2016
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JUDGMENT, in accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) plfs' 66 Objections are overruled; (2) the 65 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (3) defs' 45, 46, 48, and 49 Motions to Dismiss are granted; (4) plfs' 58 Motion for Default Judgment is denied; (5) plfs' 43 Motion for Declaratory Judgment is denied; (6) this lawsuit is dismissed without prejudice for lack of subject-matter jurisdiction; further ORDERING that costs are taxed against plfs, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 1/27/16. (Attachments: # (1) civil appeals checklist).(djy, )