Colvin v. Carr et al

Filing 13

MEMORANDUM OPINION: The Court ADOPTS the report and ACCEPTS the the recommendation. The court will enter a separate final judgment that carries out this ruling and closes this case. Signed by Judge Corey L Maze on 2/6/2024. (LCB)

FILED
2024 Feb-06 AM 08:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JEREMY COLVIN,
Plaintiff,
v.
GREG CARR, et al.,
Defendants.

7:22-cv-659-CLM-GMB

MEMORANDUM OPINION
The magistrate judge has entered a report, recommending the court
dismiss this case without prejudice under 28 U.S.C. § 1915A(b) for failing to
state a claim upon which relief can be granted and for seeking monetary
relief from defendants immune from claims for monetary damages. (Doc. 9).
The magistrate judge advised Plaintiff Jeremy Colvin of his right to file
written objections within 14 days. (Id. at 13). Colvin responded by filing a
“motion to object,” which asked that he be given one final chance to amend
his complaint. (Doc. 10). The magistrate judge granted Colvin’s motion and
allowed him the opportunity to attempt to correct the pleading deficiencies
noted in the magistrate judge’s report. (Doc. 11).
In his amended complaint, Colvin again names Deputy Greg Carr and
Sheriff Todd Hall as defendants and restates many allegations in his original
complaint. (Doc. 12). The magistrate judge recommended dismissal of
Colvin’s official capacity claims against Carr and Hall because state officials
are immune from official capacity suits seeking monetary damages. (Doc. 9 at
7–8). And the magistrate judge recommended dismissal of Colvin’s individual
capacity claims against Carr and Hall because (a) Colvin hadn’t shown that
these defendants lacked probable cause to arrest him, and (b) Colvin’s
malicious prosecution claims weren’t yet ripe for review. (Id. at 10–12).
Having reviewed the allegations against Carr and Hall in Colvin’s amended
complaint, the court finds that they do not correct the pleading deficiencies
that the magistrate judge identified.

Colvin’s amended complaint adds Circuit Clerk Keith Cox as a
defendant. (Doc. 12 at 3). According to Colvin, “there wasn’t sufficient
evidence in the affidavit of arrest to support the arrest warrant with oath,
which was made by the Clerk, Keith Cox with the lack of evidence they bind
the case over without probable cause.” (Doc. 12-1). As the magistrate judge
noted, “Colvin has offered nothing factual or specific to suggest that the
witnesses [against him] were lying or had a motive to falsify their
statements.” (Doc. 9 at 11). Nor has Colvin specified what testimony was
false “or identified any proffered evidence that was fabricated.” (Id.). Colvin’s
new claims against Cox suffer from this same deficiency. (See Doc. 12-1).
After considering the record, the magistrate judge’s report, and Colvin’s
amended complaint and objections, the court ADOPTS the report and
ACCEPTS the recommendation. Consistent with that recommendation and
28 U.S.C. § 1915A(b), the court will dismiss this case without prejudice for
failing to state a claim upon which relief can be granted and for seeking
monetary damages from defendants who are immune from suit.
The court will enter a separate final judgment that carries out this
ruling and closes this case.
Done on February 6, 2024.

_________________________________
COREY L. MAZE
UNITED STATES DISTRICT JUDGE

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