Dudley v. Bonds et al

Filing 8

ORDER OF DISMISSAL, pursuant to the screening function mandated by 28 U.S.C. Section 1915A, this case is DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. Dismissal of this action constitutes a STRIKE, as defi ned by 28 U.S.C. Section 1915(g). The Court CERTIFIES, pursuant to 28 U.S.C. Section 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal & the accompanying Judgment would not be taken in good faith. Signed by Judge Susan Webber Wright on 1/14/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION ALVIN EARL DUDLEY V. JEREMY BONDS, Detective, Marked Tree Police Department; and JERRY FOSTER, Detective, Trumann Police Department ORDER OF DISMISSAL Plaintiff, Alvin Earl Dudley, who is confined in the Poinsett County Detention Center, has filed a pro se 1983 Complaint and an Amended Complaint alleging that Defendants Jeremy Bonds and Jerry Foster violated his constitutional rights when they arrested him, without reading him his Miranda rights. See docket entries #2 and #7. It is well settled that "the reading of Miranda warnings is a procedural safeguard rather than a right arising out of the Fifth Amendment itself." Hannon v. Sanner, 441 F.3d 635, 637 (8th Cir. 2006); Warren v. City of Lincoln, 864 F.2d 1436, 1442 (8th Cir. 1989). Thus, "the only remedy for an [alleged] Miranda violation is the exclusion from evidence of any compelled self-incrimination, [and] not a section 1983 action." Id. Accordingly, Plaintiff has failed to state a viable 1983 claim. IT IS THEREFORE ORDERED THAT: 1. Pursuant to the screening function mandated by 28 U.S.C. 1915A, this case is 3:09CV00218 SWW PLAINTIFF DEFENDANTS DISMISSED, WITH PREJUDICE, for failing to state a claim upon which relief may be granted. 2. 3. Dismissal of this action constitutes a STRIKE, as defined by 28 U.S.C. 1915(g). The Court CERTIFIES, pursuant to 28 U.S.C. 1915(a)(3), that an in forma pauperis appeal from this Order of Dismissal and the accompanying Judgment would not be taken in good faith. Dated this 14th day of January, 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE -2-

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