Johnson v. Brooks et al (INMATE1)

Filing 10

ORDER denying 6 Motion to Amend to add Montgomery County, Alabama as a defendant. Signed by Honorable Terry F. Moorer on 5/12/09. (vma, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) Plaintiff, ) ) v. ) ) ) DISTRICT ATTORNEY ELLEN BROOKS) and DETECTIVE MIKE MYRICK, ) ) Defendants. ) ALVIN JAMES JOHNSON,

CIVIL ACTION NO. 2:09-CV-385-TMH [WO]

ORDER ON MOTION Upon consideration of the motion to amend filed by the plaintiff on May 11, 2009 (Court Doc. No. 6), in which the plaintiff seeks to add Montgomery County, Alabama as a defendant in this cause of action based on the assertion such entity is responsible for the actions of defendant Brooks regarding discovery in his pending criminal case, and as the plaintiff has no basis on which to proceed before this court on claims challenging the constitutionality of actions undertaken in his pending criminal case, Younger v. Harris, 401 U.S. 37, 43-44 (1971), it is ORDERED that this motion be and is hereby DENIED. Done this 12th day of May, 2009.

/s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

2