Shortz v. City of Phenix City, Alabama et al (MAG+)

Filing 60

MEMORANDUM OPINION AND ORDER denying 58 & 59 MOTIONS for Miscellaneous Relief. Signed by Honorable Judge Charles S. Coody on 6/24/2015. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JAMES H. SHORTZ,
Plaintiff,
v.
RAY SMITH and MICHELE
KILDAY,
Defendants.

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CIVIL ACT. NO. 3:14cv612-MHT
(WO)

MEMORANDUM OPINION and ORDER
Now pending before the court is the “Plaintiff’s request for Answers: Something
seems foreign in equity” (doc. # 58) filed on May 18, 2015, “Plaintiff’s request for
Answers: Something seems foreign in equity” (doc. # 59) filed on June 22, 2015. The court
construes these requests as motions seeking miscellaneous relief. In his first motion, the
plaintiff makes claims against Judge F. Patrick Loftin, a state court judge, who presided
over Shortz’s criminal case in the district court of Phenix City, Alabama.1 On August 29,
2014, the court dismissed defendant Loftin as a defendant from this action.
In his second motion, Shortz complains that “Neil Koon forged property deeds in
Phenix City,” and seeks to have him prosecuted for forgery. This court is not the proper

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To the extent that Shortz seeks to attack his state criminal case, a federal district court has no
jurisdiction over a federal case brought by the loser of the state court action who complains of an injury
caused by the state-court judgment and seeks review and rejection of that judgment. See Rooker v. Fidelity
Trust Co., 263 U.S. 413 (1923), and in District of Columbia Court of Appeals v. Feldman, 460 U.S. 462
(1983).

forum for Shortz to pursue criminal charges against Koon.
Moreover, Shortz attached to his amended complaint exhibits consisting of a 2004
warranty deed (Doc. # 31, Ex. 7) and a 1965 warranty deed (Doc. # 31, Ex. 8). It is clear
that any § 1983 claim against Koon would be barred by the two-year statute of limitations
applicable to § 1983 actions in Alabama. See Powell v. Thomas, 643 F.3d 1300, 1303
(11th Cir. 2011) (holding that all constitutional claims brought under § 1983 are tort actions
subject to the statute of limitations governing personal injury actions of the state in which
the action has been brought, which, in Alabama, is two years).
Accordingly, upon consideration of the motions, and for good cause, it is
ORDERED that the motions (docs. # 58 & 59) be and are hereby DENIED.
Done this 24th day of June, 2015.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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