Jackson v. Ruffini et al

Filing 13

ORDER adopting re 10 Report and Recommendations and dismissing the complaint. Signed by Judge William T. Moore, Jr on 11/10/15. (bcw)

U.S. O!T

J.

T COURT
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IN THE UNITED STATES DISTRICT COURT FOR
2015N0y 10 P?1 3:58
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CL ER
RODERICK BO JACKSON,
YOPGA
Plaintiff,

me

CASE NO. CV414-250

TIMOTHY RUFFINI (A.D.A.),
SHERIFF Al ST. LAWRENCE,
and KEVIN JOSEPH GROGAN,
Defendants.

ORDER
Before the Court is the Magistrate Judge's Report and
Recommendation (Doc. 10), to which no objections have been
filed. The Court notes that in addition to suing his
prosecutor, who is immune from suit based on his actions in
handling the state's case, Jackson also sued Sheriff Al St.
Lawrence, who is also immune from suit, Townsend v. Coffee
Cnty., Ga., 854 F. Supp. 2d 1345, 1352 (S. D. Ga.
2011) (finding deputy immune from § 1983 claims), and Kevin
Joseph Grogan, a former investigator with the Savannah
Chatham Metro Police. Nevertheless, the Court agrees with
the Report and Recommendation that 42 U.S.C. § 1983 cannot
be used to 'dismiss" a state criminal case that has
culminated in a conviction. Accordingly, the report and
recommendation is ADOPTED as the Court's opinion with the

addendum that Mr. Lawrence and Mr. Grogan are also named by
the Plaintiff as Defendants. As a result, this case is
hereby DISMISSED.

The Clerk of Court is DIRECTED to close

this case.
SO ORDERED this /y of November 2015.

WILLIAM T. MOORE,JR.
UNITED STATES DISTRIC COURT
SOUTHERN DISTRICT OF GEORGIA

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