Files v. Duerr et al (INMATE 4)

Filing 13

ORDER: it is ORDERED that: 1.) With one exception, the 11 Recommendation of the Magistrate Judge is ADOPTED; 2.) The claims against Dft Hall are dismissed with prejudice pursuant to 28 USC 1915A(b)(2); 3.) The claims against Dfts Duerr, Taylor, Martin, Hardaway, Giddens, and Burnett are dismissed without prejudice pursuant to 28 USC 1915A(b)(1); 4.) This case is DISMISSED; and 5.) Any pending motions are terminated as moot. A separate Final Judgment will be entered in accordance with this order. Signed by Honorable Judge R. Austin Huffaker, Jr. on 9/3/2024. (BES)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
EARNEST J. FILES, JR.
AIS 107834,
Plaintiff,
v.
JEREMY DUERR, et al.,
Defendants.

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Case No. 3:24-cv-0009-RAH

ORDER
Pending before the Court is the Complaint, which includes a Motion for Preliminary
Injunction, filed by Plaintiff Earnest J. Files, Jr. On January 25, 2024, the Magistrate Judge
recommended that this case should be dismissed without prejudice. (Doc. 11.) There are
no objections.
In the Recommendation, the Magistrate Judge determined that Tallapoosa Assistant
District Attorney Kevin M. Hall is entitled to absolute prosecutorial immunity. (Doc. 11
at 4.) This Court agrees. Importantly, because absolute prosecutorial immunity applies,
the claims against Defendant Hall should be dismissed with prejudice. See, e.g., Wood v.
Bailey, No. 2:21-cv-465-WKW-SMD, 2022 WL 10408224 (M.D. Ala. Aug. 5, 2022)
(finding absolute prosecutorial immunity and recommending dismissal with prejudice);
Beaty v. H&W Tire and Auto, No. 3:21-cv-210-WHA, 2021 WL 1343048 (M.D. Ala. April
9, 2021) (dismissing claims with prejudice prior to service of process in accordance with
the directives of 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii) because defendants entitled to

prosecutorial immunity); Kivisto v. Soifer, 587 F.App’x 522 (11th Cir. 2014) (unpublished)
(affirming district court’s dismissal of case with prejudice where prosecutor absolutely
immune from suit).
After an independent and de novo review of the Recommendation, see 28 U.S.C. §
636(b), it is
ORDERED that:
1. With one exception, the Recommendation of the Magistrate Judge is
ADOPTED;
2. The claims against Defendant Hall are dismissed with prejudice pursuant to 28
U.S.C. § 1915A(b)(2);
3. The claims against Defendants Duerr, Taylor, Martin, Hardaway, Giddens, and
Burnett are dismissed without prejudice pursuant to 28 U.S.C. § 1915A(b)(1);
4. This case is DISMISSED; and
5. Any pending motions are terminated as moot.
A separate Final Judgment will be entered in accordance with this order.
DONE, on this the 3rd day of September 2024.

R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE