Coggins v. State of Alabama et al, No. 3:2007cv00405 - Document 8 (M.D. Ala. 2007)

Court Description: OPINION . Signed by Judge Myron H. Thompson on 5/23/07. (Attachments: # 1 appeals checklist)(vma, )
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Coggins v. State of Alabama et al Doc. 8 Case 3:07-cv-00405-MHT-CSC Document 8 Filed 05/23/2007 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION GENE COGGINS, Plaintiff, v. STATE OF ALABAMA, ALABAMA DEPARTMENT OF REVENUE, and CHAMBERS COUNTY, Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:07cv405-MHT (WO) OPINION By order entered May 15, 2007, this court ordered, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(iii), that plaintiff Gene Coggins show cause in writing as to why his lawsuit should not be dismissed without prejudice for lack of subject-matter jurisdiction and because certain defendants are immune from suit. Coggins submitted a response to the show-cause order, but his response does not reflect that he is asking for anything other than that this court review a state-court judgment in violation of the Rooker-Feldman doctrine, nor does he say Case 3:07-cv-00405-MHT-CSC anything to refute Document 8 that Filed 05/23/2007 defendants State Page 2 of 2 of Alabama Alabama Department of Revenue are immune from suit under the Eleventh Amendment. Coggins s lawsuit will therefore be dismissed, albeit without prejudice, pursuant to § 1915(e)(2)(B)(i)-(iii). An appropriate judgment will be entered. DONE, this the 23rd day of May, 2007. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE