Lowe v. State of Alabama (MAG+)
Filing
14
OPINION. Signed by Honorable Judge Myron H. Thompson on 11/16/2020. (amf, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
PHILLIPPI S. LOWE,
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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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