Williams v. Hale et al

Filing 28

ORDER The court ADOPTS the magistrate judge's report and ACCEPTS the magistrate judge's recommendation. The court ORDERS that the plaintiff's motion to amend the complaint (doc. 11) is GRANTED, but his motion for injunctive relief (doc . 13) is DENIED. The court further ORDERS that all claims against all defendants be DISMISSED except for the claim of conspiracy to retaliate against defendants Nappier, Miller and the unidentified Jefferson County Jail deputies. The court ORDERS tha t the claim of conspiracy to retaliate brought against defendants Nappier, Miller and the unidentified Jefferson County Jail deputies is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 7/14/15. (SAC )

FILED
2015 Jul-14 PM 02:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL DAVIS WILLIAMS,

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) Case No. 2:14-cv-1411-KOB-TMP
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Plaintiff,
v.
SHERIFF MIKE HALE, et al.,
Defendants.

ORDER
The magistrate judge filed a report and recommendation on May 21, 2015,
recommending that the plaintiff’s motion to amend the complaint (doc. 11) be
granted, but his motion for injunctive relief (doc. 13) be denied. The magistrate judge
further recommended that all claims against all defendants be dismissed pursuant to
28 U.S.C. § 1915A(b)(1) and/or (2), except for the plaintiff’s claim of conspiracy to
retaliate against him as to defendants Nappier, Miller and the unidentified Jefferson
County Jail deputies. Finally, the magistrate judge recommended that the plaintiff’s
claim of conspiracy to retaliate against defendants Nappier, Miller and the
unidentified Jefferson County Jail deputies be referred to him for further proceedings.
The plaintiff filed an objection to the report and recommendation on June 15, 2015.
(Doc. 27).
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The plaintiff objects to the dismissal of his claim that unidentified Jefferson
County Jail deputies deprived him of property without due process of law. He
contends that he filed a claim (“Claim No 999-20150347”) with the State of Alabama
Board of Adjustment, but the claim was denied on the ground that the Board does
“not have jurisdiction over Jefferson County Deputies [or] such agency.” (Id.).
Regardless, as reported by the magistrate judge (doc. 24 at 15), a civil lawsuit for
conversion exists in the State of Alabama. This state court post-deprivation remedy
is adequate for due process purposes.

Therefore, the plaintiff’s objection is

OVERRULED.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and the objection thereto, the court
finds that the magistrate judge’s report is due to be and is ADOPTED and the
magistrate judge’s recommendation is ACCEPTED. The court, therefore, ORDERS
that the plaintiff’s motion to amend the complaint (doc. 11) is GRANTED, but his
motion for injunctive relief (doc. 13) is DENIED.
The court further ORDERS that all claims against all defendants be
DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) and/or (2), except for the claim
of conspiracy to retaliate against defendants Nappier, Miller and the unidentified
Jefferson County Jail deputies. Finally, the court ORDERS that the claim of
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conspiracy to retaliate brought against defendants Nappier, Miller and the
unidentified Jefferson County Jail deputies is REFERRED to the magistrate judge
for further proceedings.
DATED this 14th day of July, 2015.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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