Hunt v. Smith et al, No. 7:2021cv01290 - Document 11 (N.D. Ala. 2022)

Court Description: OPINION AND ORDER; The Court overrules plaintiff's objections and ADOPTS the 9 Report and Recommendation and DISMISSES the claims without prejudice. Signed by Judge Liles C Burke on 06/08/22. (SPT)

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Hunt v. Smith et al Doc. 11 FILED 2022 Jun-09 PM 12:02 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ANTHONY GLENN HUNT, JR., Plaintiff, v. NICK SMITH, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 7:21-cv-1290-LCB-SGC OPINION & ORDER Anthony Glenn Hunt, Jr., a pretrial detainee at the Walker County Jail, brings this case under 42 U.S.C. § 1983. (Doc. 1 at 3–4); (Doc. 8 at 1). In short, Hunt claims that, on November 4, 2020, state police officers broke into and searched his mother’s home, and arrested him in violation of his Fourth Amendment rights. (Doc. 1 at 5– 6). He also claims that he was wrongfully imprisoned, denied counsel, and denied a speedy trial following his arrest. Id. at 6–7. Based on these allegations, Hunt seeks release from custody along with compensatory and punitive damages. Id. at 7.1 In May 2022, United States Magistrate Judge Staci G. Cornelius screened Hunt’s complaint under 28 U.S.C. § 1915A. (Doc. 9 at 5–6). Judge Cornelius recommended that Hunt’s claims be dismissed without prejudice because: (1) Hunt 1 For a more thorough summary of Hunt’s complaint, see (Doc. 9 at 3–4). Dockets.Justia.com cannot challenge the constitutionality of his confinement or seek damages on behalf of others under § 1983; and (2) exercising jurisdiction over Hunt’s claims would contradict the abstention principles established in Younger v. Harris, 401 U.S. 37 (1971). Id. at 4–5. In response, Hunt filed written objections largely repeating the allegations found in his complaint. (Doc. 10 at 1–2). Having conducted a de novo review of the entire record, the Court OVERRULES Hunt’s objections, ADOPTS Judge Cornelius’s recommendation in its entirety, and DISMISSES Hunt’s claims without prejudice under 28 U.S.C. § 1915A(b)(1). Hunt should be aware that this order counts as a dismissal for purposes of 28 U.S.C. § 1915(g). The Clerk of Court is directed to close this case. DONE and ORDERED June 8, 2022. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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