Epps et al v. Russell County Department of Human Resources et al (JOINT ASSIGN)(MAG+)

Filing 17

OPINION and ORDER directing as follows: (1) ADOPTING 13 Report and Recommendation and of the Magistrate Judge; (2) The plaintiffs' claims against Jane Doe 1 are dismissed without prejudice pursuant to 28 U.S.C. 2 1915(e)(2)(B)(ii) for fail ure to state a claim upon which relief can be granted; (3) All claims the plaintiffs purport to assert on behalf of their children, including claims of battery and emotional and educational neglect, are dismissed as frivolous pursuant to under 1915( e)(2)(B)(i); (4) The plaintiffs' claim for deprivation of the pursuit of happiness is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i); (5) The plaintiffs' claim alleging forced servitude is dismissed without prejudice pursu ant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted ; (6) The plaintiffs' claim for deprivation of a good name is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to s tate a claim upon which relief can be granted; (7) The plaintiffs' claim for deprivation of private property is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(I) ; (8) this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/25/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

DAMMUON EPPS (a man of the )
people) and TANYA GRIFFIN, )
)
Plaintiffs,
)
)
v.
)
)
RUSSELL COUNTY DEPARTMENT )
OF HUMAN RESOURCES, et
)
al.,
)
)
Defendants.
)

CIVIL ACTION NO.
3:15cv25-MHT
(WO)

OPINION AND ORDER
This case is before the court on the recommendation
of

the

United

States

Magistrate

Judge

that

claims in the complaint be dismissed.
have

been

filed.

Upon

an

certain

No objections

independent

and

de

novo

review of the record, it is ORDERED as follows:
1.

The

recommendation

of

the

United

States

Magistrate Judge (doc. no. 13) is adopted.
2.

The plaintiffs’ claims against Jane Doe #1 are

dismissed

without

prejudice

pursuant

to

28

U.S.C.

§ 1915(e)(2)(B)(ii) for failure to state a claim upon
which relief can be granted.
3.

All claims the plaintiffs purport to assert on

behalf of their children, including claims of battery
and emotional and educational neglect, are dismissed as
frivolous pursuant to under § 1915(e)(2)(B)(i).
4.

The plaintiffs’ claim for deprivation of the

pursuit of happiness is dismissed as frivolous pursuant
to 28 U.S.C. § 1915(e)(2)(B)(i).
5.

The plaintiffs’ claim alleging forced servitude

is dismissed without prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim upon
which relief can be granted.
6.
name

is

The plaintiffs’ claim for deprivation of a good
dismissed

without

prejudice

pursuant

to

28

U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim
upon which relief can be granted.

2

7.

The

plaintiffs’

claim

for

deprivation

of

private property is dismissed as frivolous pursuant to
28 U.S.C. § 1915(e)(2)(B)(I).
8.

This case is referred back to the magistrate

judge for further proceedings.
DONE, this the 25th day of March, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE