Lowe v. State of Alabama (MAG+)

Filing 14

OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/2020. (amf, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION PHILLIPPI S. LOWE, ) ) ) ) ) ) ) ) ) Plaintiff, v. STATE OF ALABAMA, Defendant. CIVIL ACTION NO. 2:19cv328-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff filed this lawsuit claiming that employees of Alabama’s Department of Human Resources violated his constitutional rights. The complaint is very poorly drafted, and as a result, it is difficult to understand plaintiff’s claims. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s case be dismissed with prejudice for seeking monetary relief relief. against Also defendants before who the are immune court are objections to the recommendation. from such plaintiff’s After an independent and de novo review of the record, the court concludes that plaintiff’s objections should be overruled and the magistrate judge’s recommendation adopted. However, because plaintiff is pro se and it is not impossible that he could plead a viable claim against a non-immune defendant, the court will dismiss the complaint without prejudice. An appropriate judgment will be entered. DONE, this the 16th day of November, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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