Coleman v. Evans et al

Filing 32

MEMORANDUM OPINION AND ORDER, the Court adopts the Magistrate Judge's Report and Recommendations 27 , grants Defendant's Motion to Dismiss 20 , and dismisses Plaintiff's claims against Defendant Laron Smith with prejudice. This case is hereby closed. Signed by District Judge Keith Starrett on 10/25/2016. (CS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
JERMAINE KENYATTA COLEMAN
V.

PLAINTIFF
CIVIL ACTION NO. 2:16-CV-60-KS-MTP

LARON SMITH

DEFENDANT
MEMORANDUM OPINION AND ORDER

For the reasons below, the Court adopts the Magistrate Judge’s Report and
Recommendations [27] and grants Defendant’s Motion to Dismiss [20]. Plaintiff’s
claims against Defendant Laron Smith are dismissed with prejudice, and this case
is closed. The Court further finds that this dismissal shall count as a “strike”
pursuant to 28 U.S.C. § 1915(g).
Plaintiff asserted a claim for damages pursuant to 42 U.S.C. § 1983 against
Defendant Laron Smith. He claims that Smith violated his constitutional rights by
providing false testimony in a preliminary hearing. Smith filed a Motion to Dismiss
[20], arguing that he enjoyed absolute immunity from liability with respect to
Plaintiff’s claims. The Magistrate Judge entered a Report and Recommendation [27]
that the Court grant Defendant’s motion, dismiss Plaintiff’s claims against him with
prejudice, and count the dismissal as a strike pursuant to 28 U.S.C. § 1915(g). Plaintiff
filed his objections [28, 30, 31] to the report and recommendation, but he failed to
address the legal basis of the Magistrate Judge’s recommendation.
“[A] trial witness has absolute immunity with respect to any claim based on the
witness’ testimony.” Moffett v. Bryant, 751 F.3d 323, 325 (5th Cir. 2014). This rule

applies to testimony by law enforcement officers, Castellano v. Fragozo, 352 F.3d 939,
958 (5th Cir. 2003), and it applies to testimony provided at preliminary hearings.
Moore v. McDonald, 30 F.3d 616, 620 (5th Cir. 1994). Therefore, Plaintiff has stated
no claim against Defendant Smith for which this Court can grant relief, and Plaintiff’s
claim against Smith is frivolous.
Accordingly, the Court adopts the Magistrate Judge’s Report and
Recommendations [27], grants Defendant’s Motion to Dismiss [20], and dismisses
Plaintiff’s claims against Defendant Laron Smith with prejudice. This case is hereby
closed, and this dismissal shall count as a “strike” pursuant to 28 U.S.C. § 1915(g).
SO ORDERED AND ADJUDGED this 25th day of October, 2016.
s/Keith Starrett
UNITED STATES DISTRICT JUDGE

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