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Thomason v. State of Alabama Home Builders Licensure Board

United States District Court, M.D. Alabama, Northern Division

March 24, 2017

STEVEN CLAYTON THOMASON, Plaintiff,
v.
STATE OF ALABAMA HOME BUILDERS LICENSURE BOARD, J.R. CARDEN, in his official capacity as Executive Director for the State of Alabama Home Builders Licensure Board, also known as CHIP CARDEN, KATHY PERRY BRASFIELD, in her official capacity as Assistant Attorney General for the State of Alabama Home Builders Licensure Board, JAMIE A. DURHAM, in her official capacity as Deputy Attorney General for the State of Alabama Home Builders Licensure Board, STEPHEN MCCOLLOUGH, in his official capacity as Investigator for the Home Builders Licensure Board for the State of Alabama, TODD BETTS, in his official capacity as Investigator for the State of Alabama Home Builders Licensure Board, DARYL BAILEY, District Attorney for Montgomery County, STEVE MARSHALL, [1] State of Alabama Attorney General, WILLIAM R. DELONEY, Chairman, in his individual capacity, DON SPURLIN, Chairman, in his individual capacity, LYNN CORDER, Chairman, in his individual capacity, RANDY CUNNINGHAM, Chairman, in his individual capacity, KEN KIRCHLER, [2] Chairman, in his individual capacity, JOHN T. MANUEL, Chairman, in his individual capacity, JACK B. REID, Chairman, in his individual capacity, and RODDY[3] O. SAMPLE, Chairman, in his individual capacity, Defendants.

          MEMORANDUM OPINION AND ORDER

          W. KEITH WATKINS CHIEF UNITED STATES DISTRICT JUDGE

         On March 7, 2017, the Magistrate Judge filed a Recommendation. (Doc. # 114.) On March 20, 2017, Plaintiff Steven Clayton Thomason filed objections. (Doc. # 116.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b).

         In his well-reasoned Recommendation, the Magistrate Judge explained in detail the reasons why this case should be dismissed for Plaintiff's continuing inability and unwillingness to comply with court orders and with the basic notice pleading requirements of the Federal Rules of Civil Procedure. (Doc. # 114.) Plaintiff objects, arguing that his complaint is sufficient to place Defendants on notice of the claims against them, and he argues the merits of some of those claims. (Doc. # 116.) As has been explained to Plaintiff on numerous occasions, and as explained again in the Recommendation (Doc. # 114), Plaintiff's complaint is not sufficient. Plaintiff's insistence that his meandering 199-page shotgun complaint[4]is adequate - in the face of numerous orders finding to the contrary - simply underscores the Magistrate Judge's conclusion that, due to Plaintiff's inability and unwillingness to submit to the court's orders, any further opportunity to amend is likely to be as futile as the numerous previous amendment opportunities that have already been provided.

         Accordingly, it is ORDERED as follows:

         1. Plaintiff Steven Clayton Thomason's objection (Doc. # 116) is OVERRULED.

         2. The Recommendation (Doc. # 114) is ADOPTED.

         3. Plaintiff's motion for injunction (Doc. # 83) is DENIED.

         4. Defendants' motion to renew their motions to dismiss (Doc. # 89) is GRANTED, and the motions to dismiss (Doc. ## 10, 18, 35, 37, and 38) and motions for more definite statement (Doc. ## 35, 37, 38) are renewed.

         5. The motion to dismiss (Doc. # 10) filed by Defendants State of Alabama Home Builders Licensure Board, and J. R. Carden, Jr., Jamie Durham, Stephen McCollough, Todd Betts, and Kathy Perry Brasfield is GRANTED.

         6. The motion to dismiss (Doc. # 18) filed by Defendants Daryl Bailey, Todd Betts, Kathy Perry Brasfield, J.R. Carden, Jamie A. Durham, Stephen McCollough is GRANTED.

         7. The motion to dismiss (Doc. # 35) filed by Defendants Alabama Home Builders Licensure Board, J. R. Carden, Kathy Perry Brasfield, Jamie A. Durham, Todd Betts, Stephen McCollough, and Daryl Bailey is GRANTED.

         8. The motion for more definite statement (Doc. # 35) filed by Defendants Alabama Home Builders Licensure Board, J. R. Carden, Kathy Perry Brasfield, Jamie A. Durham, Todd Betts, Stephen McCollough, and Daryl Bailey is DENIED as moot.

         9. The motion to dismiss (Doc. # 37) filed by Defendants Steve Marshall, Lynn Corder, Jack B. Reid, and Ken Kirchler is GRANTED.

         10. The motion for more definite statement (Doc. # 37) filed by Defendants Steve Marshall, Lynn Corder, Jack B. Reid, ...


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