Gregory v. Wilson et al

Filing 10

ORDER directing Plaintiff Gregory to file a proposed amended complaint by 1/7/2013. Further, the Court directs Gregory's attention to the Rules of Federal Civil Procedure and this Court's Local Rules, all of which Gregory must follow. Failure to respond to this (or any) Order may result in dismissal of this case without prejudice ( Amended Complaint due by 1/7/2013). Signed by Judge D. P. Marshall Jr. on 12/4/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

JAMES C. GREGORY
v.

PLAINTIFF
No. 3:12-cv-182-DPM

RALPH WILSON, JR.;
STATE OF ARKANSAS;
MIKE BEARDEN; and
CITY OF BLYTHEVILLE

DEFENDANTS

ORDER
1. This case was transferred from the United States District Court for
the Eastern District of Missouri. The Honorable Judge Rodney W. Sippel
provisionally gave Gregory permission to proceed in forma pauperis. Document
No.7, at 2. The Court agrees that Gregory cannot afford the filing or service
fees.
2. The Court must dismiss Gregory's case if it determines that his
complaint is frivolous or seeks monetary relief from a defendant who is
immune. 28 U.S.C. § 1915(e)(2)(B). The Court, however, is having trouble
understanding Gregory's claims. He seems to be upset that criminal charges
against him were dismissed without the jury trial he demanded. But any
claim against Circuit Judge Wilson is a stretch because of the absolute

immunity that protects him in the exercise of judicial authority. Schottel v.
Young, 687F.3d 370,373 (8th Cir. 2012). Bearden's actions as a prosecutor are

similarly shielded by absolute immunity. Anderson v. Larson, 327 F.3d 762,
768-69 (8th Cir. 2003). Arkansas's sovereign immunity protects it from suit.
Pennhurst State School & Hospital v. Halderman, 465 U.S. 89, 103-106 (1983).

And though the city of Blytheville is subject to suit under§ 1983 in certain
circumstances, it is unclear why the City is in the case. The Court therefore
orders Gregory to file a proposed amended complaint by 7 January 2013,
pleading facts that allegedly support the proposed claims and taking into
account the governing law about immunity.
3. The Court directs Gregory's attention to the Rules of Federal Civil
Procedure and this Court's Local Rules, all of which Gregory must follow.
The Court specifically warns Gregory that if he fails to respond to this (or any)
Order, it may result in dismissal of his case without prejudice.
So Ordered.
1/

D.P. Marshall Jr.
United States District Judge

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