Epps et al v. Russell County Department of Human Resources et al (JOINT ASSIGN)(MAG+), No. 3:2015cv00025 - Document 17 (M.D. Ala. 2015)
Court Description: OPINION and ORDER directing as follows: (1) ADOPTING 13 Report and Recommendation and of the Magistrate Judge; (2) The plaintiffs' claims against Jane Doe 1 are dismissed without prejudice pursuant to 28 U.S.C. 2 1915(e)(2)(B)(ii) for fail ure to state a claim upon which relief can be granted; (3) All claims the plaintiffs purport to assert on behalf of their children, including claims of battery and emotional and educational neglect, are dismissed as frivolous pursuant to under 1915( e)(2)(B)(i); (4) The plaintiffs' claim for deprivation of the pursuit of happiness is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(i); (5) The plaintiffs' claim alleging forced servitude is dismissed without prejudice pursu ant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted ; (6) The plaintiffs' claim for deprivation of a good name is dismissed without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) for failure to s tate a claim upon which relief can be granted; (7) The plaintiffs' claim for deprivation of private property is dismissed as frivolous pursuant to 28 U.S.C. 1915(e)(2)(B)(I) ; (8) this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 3/25/15. (Attachments: # 1 civil appeals checklist)(djy, )
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Epps et al v. Russell County Department of Human Resources et al (JOINT ASSIGN)(MAG+) Doc. 17 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION DAMMUON EPPS (a man of the ) people) and TANYA GRIFFIN, ) ) Plaintiffs, ) ) v. ) ) RUSSELL COUNTY DEPARTMENT ) OF HUMAN RESOURCES, et ) al., ) ) Defendants. ) CIVIL ACTION NO. 3:15cv25-MHT (WO) OPINION AND ORDER This case is before the court on the recommendation of the United States Magistrate Judge that claims in the complaint be dismissed. have been filed. Upon an certain No objections independent and de novo review of the record, it is ORDERED as follows: 1. The recommendation of the United States Magistrate Judge (doc. no. 13) is adopted. 2. The plaintiffs’ claims against Jane Doe #1 are dismissed without prejudice pursuant to 28 U.S.C. Dockets.Justia.com § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. 3. All claims the plaintiffs purport to assert on behalf of their children, including claims of battery and emotional and educational neglect, are dismissed as frivolous pursuant to under § 1915(e)(2)(B)(i). 4. The plaintiffs’ claim for deprivation of the pursuit of happiness is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 5. The plaintiffs’ claim alleging forced servitude is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. 6. name is The plaintiffs’ claim for deprivation of a good dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted. 2 7. The plaintiffs’ claim for deprivation of private property is dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(I). 8. This case is referred back to the magistrate judge for further proceedings. DONE, this the 25th day of March, 2015. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE
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