Som v. Supreme Court of Alabama et al (JOINT ASSIGN)(MAG+)

Filing 13

ORDER that: (1) plf's 12 objections are OVERRULED; (2) the 9 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (3) To the extent that any of Plf's claims rest on any alleged violations of the rights of other bar applicant s, Plf's claims are DISMISSED for lack of jurisdiction due to Plf's lack of standing to pursue those claims; (4) counts one, three, and five are DISMISSED in their entirety for lack of jurisdiction pursuant to the Rooker-Feldman doctrin e; (5) Counts two and four, to the extent that they seek declaratory and injunctive relief related to Plfs application for admission to the bar, are DISMISSED for lack of jurisdiction pursuant to the Rooker-Feldman doctrine; (6) Counts two and fo ur, to the extent that they present facial constitutional challenges to Rule VI(B) of the Alabama Supreme Court's Rules Governing Admission to the Alabama State Bar, are DISMISSED for lack of jurisdiction, as Plf lacks Article III standing to pu rsue these claims; and (7) The court will delay entering final judgement for ten days to allow Plf an opportunity to move to amend his complaint. Signed by Chief Judge William Keith Watkins on 11/24/15. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ERIC M. SOM, Plaintiff, v. SUPREME COURT OF ALABAMA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:15-CV-519-WKW [WO] ORDER On October 20, 2015, the Magistrate Judge filed a Recommendation (Doc. # 9) to which Plaintiff filed objections (Doc. # 12.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objections are made, see 28 U.S.C. § 636(b)(1). The court concludes that the objections are without merit and that the Magistrate Judge’s Recommendation is due to be adopted. Accordingly, it is ORDERED that: (1) Plaintiff’s objections (Doc. # 12) are OVERRULED; (2) The Recommendation (Doc. # 9) is ADOPTED; (3) To the extent that any of Plaintiff’s claims rest on any alleged violations of the rights of other bar applicants, Plaintiff’s claims are DISMISSED for lack of jurisdiction due to Plaintiff’s lack of standing to pursue those claims; (4) Counts one, three, and five are DISMISSED in their entirety for lack of jurisdiction pursuant to the Rooker-Feldman doctrine; (5) Counts two and four, to the extent that they seek declaratory and injunctive relief related to Plaintiff’s application for admission to the bar, are DISMISSED for lack of jurisdiction pursuant to the Rooker-Feldman doctrine; (6) Counts two and four, to the extent that they present facial constitutional challenges to Rule VI(B) of the Alabama Supreme Court’s Rules Governing Admission to the Alabama State Bar, are DISMISSED for lack of jurisdiction, as Plaintiff lacks Article III standing to pursue these claims; and (7) The court will delay entering final judgement for ten days to allow Plaintiff an opportunity to move to amend his complaint. DONE this 24th day of November, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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