Thomason v. State, Home Builders Licensure Board, 2:15-CV-26-WKW. (2017)
Court: District Court, M.D. Alabama
Number: infdco20170327819
Visitors: 1
Filed: Mar. 24, 2017
Latest Update: Mar. 24, 2017
Summary: MEMORANDUM OPINION AND ORDER W. KEITH WATKINS , Chief District Judge . On March 7, 2017, the Magistrate Judge filed a Recommendation. (Doc. # 114.) On March 20, 2017, Plaintiff Steven Clayton Thomason filed objections. (Doc. #116.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. 636(b). In his well-reasoned Recommendation, the Magistrate Judge explained in detail the reasons why this case sho
Summary: MEMORANDUM OPINION AND ORDER W. KEITH WATKINS , Chief District Judge . On March 7, 2017, the Magistrate Judge filed a Recommendation. (Doc. # 114.) On March 20, 2017, Plaintiff Steven Clayton Thomason filed objections. (Doc. #116.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. 636(b). In his well-reasoned Recommendation, the Magistrate Judge explained in detail the reasons why this case shou..
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MEMORANDUM OPINION AND ORDER
W. KEITH WATKINS, Chief District Judge.
On March 7, 2017, the Magistrate Judge filed a Recommendation. (Doc. # 114.) On March 20, 2017, Plaintiff Steven Clayton Thomason filed objections. (Doc. #116.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b).
In his well-reasoned Recommendation, the Magistrate Judge explained in detail the reasons why this case should be dismissed for Plaintiff's continuing inability and unwillingness to comply with court orders and with the basic notice pleading requirements of the Federal Rules of Civil Procedure. (Doc. #114.) Plaintiff objects, arguing that his complaint is sufficient to place Defendants on notice of the claims against them, and he argues the merits of some of those claims. (Doc. #116.) As has been explained to Plaintiff on numerous occasions, and as explained again in the Recommendation (Doc. #114), Plaintiff's complaint is not sufficient. Plaintiff's insistence that his meandering 199-page shotgun complaint4 is adequate — in the face of numerous orders finding to the contrary — simply underscores the Magistrate Judge's conclusion that, due to Plaintiff's inability and unwillingness to submit to the court's orders, any further opportunity to amend is likely to be as futile as the numerous previous amendment opportunities that have already been provided.
Accordingly, it is ORDERED as follows:
1. Plaintiff Steven Clayton Thomason's objection (Doc. #116) is OVERRULED.
2. The Recommendation (Doc. #114) is ADOPTED.
3. Plaintiff's motion for injunction (Doc. #83) is DENIED.
4. Defendants' motion to renew their motions to dismiss (Doc. #89) is GRANTED, and the motions to dismiss (Doc. ##10, 18, 35, 37, and 38) and motions for more definite statement (Doc. ##35, 37, 38) are renewed.
5. The motion to dismiss (Doc. #10) filed by Defendants State of Alabama Home Builders Licensure Board, and J. R. Carden, Jr., Jamie Durham, Stephen McCollough, Todd Betts, and Kathy Perry Brasfield is GRANTED.
6. The motion to dismiss (Doc. #18) filed by Defendants Daryl Bailey, Todd Betts, Kathy Perry Brasfield, J.R. Carden, Jamie A. Durham, Stephen McCollough is GRANTED.
7. The motion to dismiss (Doc. #35) filed by Defendants Alabama Home Builders Licensure Board, J. R. Carden, Kathy Perry Brasfield, Jamie A. Durham, Todd Betts, Stephen McCollough, and Daryl Bailey is GRANTED.
8. The motion for more definite statement (Doc. #35) filed by Defendants Alabama Home Builders Licensure Board, J. R. Carden, Kathy Perry Brasfield, Jamie A. Durham, Todd Betts, Stephen McCollough, and Daryl Bailey is DENIED as moot.
9. The motion to dismiss (Doc. #37) filed by Defendants Steve Marshall, Lynn Corder, Jack B. Reid, and Ken Kirchler is GRANTED.
10. The motion for more definite statement (Doc. #37) filed by Defendants Steve Marshall, Lynn Corder, Jack B. Reid, and Ken Kirchler is DENIED as moot.
11. The motion to dismiss (Doc. #38) filed by Defendants William R. DeLoney, Don Spurlin, Randy Cunningham, John T. Manuel, and Roddy O. Sample is GRANTED.
12. The motion for more definite statement (Doc. #38) filed by Defendants William R. DeLoney, Don Spurlin, Randy Cunningham, John T. Manuel, and Roddy O. Sample is DENIED as moot.
13. Plaintiff Steven Clayton Thomason's claims against Defendants State of Alabama Home Builders Licensure Board, J. R. Carden, Kathy Perry Brasfield, Jamie A. Durham, Stephen McCollough, Todd Betts, Daryl Bailey, Steve Marshall, William R. Deloney, Don Spurlin, Lynn Corder, Randy Cunningham, Ken Kirchier, John T. Manuel, Jack B. Reid, and Ruddy O. Sample are DISMISSED with prejudice.
14. There being no other claims pending, this case is DISMISSED.
Final judgment will be entered separately.
FootNotes
1. Steve Marshall has succeeded Luther Strange as Attorney General and, therefore, Steve Marshall is automatically substitute for Luther Strange as a Defendant. Fed. R. Civ. P. 25(d).
2. Defendant Ken Kirchler's last name is misspelled in Plaintiff's complaint.
3. Defendant Roddy O. Sample's first name is misspelled in Plaintiff's complaint.
4. Attached to the 199-page complaint are an additional 191 pages of exhibits.
Source: Leagle
