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Williams v. Hale

United States District Court, N.D. Alabama, Southern Division

July 14, 2015

MICHAEL DAVIS WILLIAMS, Plaintiff,
v.
SHERIFF MIKE HALE, et al., Defendants.

ORDER

KARON OWEN BOWDRE, Chief District Judge.

The magistrate judge filed a report and recommendation on May 21, 2015, recommending that the plaintiff's motion to amend the complaint (doc. 11) be granted, but his motion for injunctive relief (doc. 13) be denied. The magistrate judge further recommended that all claims against all defendants be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), except for the plaintiff's claim of conspiracy to retaliate against him as to defendants Nappier, Miller and the unidentified Jefferson County Jail deputies. Finally, the magistrate judge recommended that the plaintiff's claim of conspiracy to retaliate against defendants Nappier, Miller and the unidentified Jefferson County Jail deputies be referred to him for further proceedings. The plaintiff filed an objection to the report and recommendation on June 15, 2015. (Doc. 27).

The plaintiff objects to the dismissal of his claim that unidentified Jefferson County Jail deputies deprived him of property without due process of law. He contends that he filed a claim ("Claim No XXX-XXXXXXXX") with the State of Alabama Board of Adjustment, but the claim was denied on the ground that the Board does "not have jurisdiction over Jefferson County Deputies [or] such agency." ( Id. ). Regardless, as reported by the magistrate judge (doc. 24 at 15), a civil lawsuit for conversion exists in the State of Alabama. This state court post-deprivation remedy is adequate for due process purposes. Therefore, the plaintiff's objection is OVERRULED.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objection thereto, the court finds that the magistrate judge's report is due to be and is ADOPTED and the magistrate judge's recommendation is ACCEPTED. The court, therefore, ORDERS that the plaintiff's motion to amend the complaint (doc. 11) is GRANTED, but his motion for injunctive relief (doc. 13) is DENIED.

The court further ORDERS that all claims against all defendants be DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), except for the claim of conspiracy to retaliate against defendants Nappier, Miller and the unidentified Jefferson County Jail deputies. Finally, the court ORDERS that the claim of conspiracy to retaliate brought against defendants Nappier, Miller and the unidentified Jefferson County Jail deputies is REFERRED to the magistrate judge for further proceedings.


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