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Anders v. Shelby County

United States District Court, W.D. Tennessee, Western Division

September 12, 2017

JONAH PAUL ANDERS, Plaintiff,
v.
SHELBY COUNTY, CARY C. WOODS, MAYOR MARK H. LUTTRELL, JR., SHELBY COUNTY BOARD OF COMMISSIONERS, SHAYLA N. PURIFOY, MEMPHIS AREA LEGAL SERVICES, ANUMEHA TANYA, EDWIN LENOW, KEVIN REED, TERITA HEWLETT, THERESA CHILDRESS, AND MAYLA C. ANDERS, Defendants.

          ORDER

          SAMUEL H. MAYS, JR. UNITED STATES DISTRICT COURT JUDGE

         Before the Court are objections (ECF Nos. 33-34) to the Magistrate Judge's April 6, 2017 Order and Recommendation (ECF Nos. 32), an objection (ECF No. 61) to the Magistrate Judge's July 31, 2017 Report and Recommendation (ECF No. 60), a motion to amend complaint (ECF No. 35), and a motion for hearing (ECF No. 24) filed by Plaintiff Jonah Paul Anders. For the reasons stated below, the Court OVERRULES Plaintiff's objections, ADOPTS the Magistrate Judge's Reports, and DENIES Plaintiff's motion to amend complaint and his motion for hearing.

         I. BACKGROUND

         On May 2, 2016, Plaintiff filed a complaint against Defendant Mayla Anders alleging that she had presented false documents to United States agencies to obtain citizenship. Anders v. Anders, 16-cv-2299-SHL-tmp (W.D. Tenn.). United States Magistrate Judge Tu M. Pham recommended that the complaint be dismissed for failure to state a claim for which relief could be granted and for lack of subject matter jurisdiction. (16-2299, ECF No. 5.) United States District Judge Sheryl H. Lipman adopted the report and recommendation in its entirety and dismissed Plaintiff's complaint without prejudice. (16-2299, ECF No. 7.)

         On May 9, 2016, Plaintiff filed a complaint against Shayla Purifoy, Mayla Anders, Tennessee Circuit Court Judge Gina Higgins, Anumeha Tayna, and Memphis Area Legal Services (“MALS”) alleging violations of Plaintiff's due process rights in two state court cases in conjunction with Plaintiff's divorce from Mayla Anders. Anders v. Purifoy, et al, 16-2321-JDT-tmp (W.D. Tenn.). Plaintiff claimed that Shayla Purifoy, an attorney with MALS, had lied to and misled the state court judge in the cases at issue. Plaintiff alleged that another MALS attorney, Anumeha Tanya, had “assisted in getting [an] order changed without notice ex parte.” (16-2321, ECF No. 4 at 4.) Plaintiff alleged that Mayla Anders had presented false documents and statements during the state court proceedings. Plaintiff alleged that Judge Higgins “abused her authority” by refusing to “hear his appeal, ” by issuing a divorce rather than an annulment, by awarding excessive child support and alimony, and by failing to issue a final judgment so that he could appeal her rulings. (Id. at 6.) Magistrate Judge Pham entered a Report and Recommendation recommending that the complaint be dismissed for failure to state a claim for which relief may be granted, lack of subject matter jurisdiction and, as to Judge Higgins, judicial immunity. (16-2321, ECF No. 6.) United States District Judge James D. Todd adopted the report and dismissed the case. (16-2321, ECF No. 8.)

         On August 19, 2016, Plaintiff filed a pro se Complaint for Fourteenth Amendment violations under 42 U.S.C. § 1983 and negligence in the Circuit Court of Tennessee for the Thirtieth Judicial District at Memphis. (ECF No. 1-3, 10-12.)[1] On August 29, 2016, Plaintiff filed a pro se Amended Complaint in the Circuit Court. (ECF No. 1-3 at 13-32.) Plaintiff's Amended Complaint makes claims for Fourteenth Amendment violations under 42 U.S.C. § 1983, negligence, and intentional infliction of emotional distress. (Id.) The Defendants are Shelby County Government, Shelby County Mayor Mark Luttrell, Jr., Divorce Referee Cary C. Woods, Judicial Commissioner Kevin Reed, Shelby County Board of Commissioners, MALS, Shayla Purifoy, Anumeha Tanya, Edwin Lenow, Terita Hewlett, Theresa Childress, and Mayla Anders. (Id.) On September 27, 2016, Defendants Shelby County, Mayor Mark Luttrell, Jr., Divorce Referee Cary Woods, Judicial Commissioner Kevin Reed, and the Shelby County Board of Commissioners (collectively the “Shelby County Defendants”) filed a Notice of Removal to this Court. (ECF No. 1.)

         On September 30, 2016, Plaintiff filed a “Notice of Potential Motion Filed in State Court, ” asserting that Defendant Edwin Lenow's motion to dismiss, filed in state court, must be refiled in this Court. (ECF No. 9.)

         On October 3, 2016, the Shelby County Defendants and Defendant Terita Hewlett filed motions to dismiss the Amended Complaint. (ECF Nos. 10 and 11.) On October 4, 2016, Defendants MALS, Shayla Purifoy, and Amumeha Tanya filed a motion to dismiss the Amended Complaint. (ECF No. 13) On October 11, 2016, Defendant Theresa Childress filed a motion to dismiss the Amended Complaint. (ECF No. 16.) On February 2, 2017, Defendant Mayla Anders filed a motion to dismiss the Amended Complaint. (ECF No. 31.)

         Plaintiff filed no responses to any of the motions to dismiss. Plaintiff did file a November 10, 2016 motion for hearing (ECF No. 24), and an April 27, 2017 motion for leave of court to amend complaint (ECF No. 35).

         Plaintiff also filed a “Motion to Squash and Set Aside Motion to Dismiss” on October 21, 2016, seeking to set aside Defendants' motions to dismiss and leave to amend the complaint. (ECF No. 18.) Plaintiff subsequently filed a second amended complaint without obtaining leave of court or consent of the opposing parties. (ECF No. 19.)

         The Shelby County Defendants and Defendants MALS, Purifoy, Hewlett, and Tanya have moved to strike Plaintiff's Second Amended Complaint. (ECF Nos. 20, 21, 23.)

         On April 6, 2017, United States Magistrate Judge Charmiane G. Claxton entered an Order Denying Plaintiff's Motion to Squash and Set Aside Motion to Dismiss, Order Granting Shelby County Defendants' Motion to Strike Second Amended Complaint, Order Granting Terita Hewlett's Motion to Strike Second Amended Complaint, Order Granting Memphis Area Legal Services, Shayla Purifoy, and Anumeha Tanya's Motion to Strike Second Amended Complaint, and Report and Recommendation on Defendant Edwin Lenow's Motion to Dismiss (the “First Report”). (ECF No. 32.) The Magistrate Judge recommends that Defendant Edwin Lenow's motion to dismiss be granted. (Id. at 465.) Plaintiff had until April 20, 2017, to object. (See Docket Entry, ECF No. 32.) Plaintiff filed his objections on April 27, 2017. (ECF Nos. 33-34.)[2]

         On May 9, 2017, Plaintiff filed twelve motions for entry of default judgment against Defendants. (ECF Nos. 42-56.) The Clerk of Court denied entry of default against each Defendant. (ECF Nos. 43, 53-57, 59.)

         On July 31, 2017, Magistrate Judge Claxton filed a Report and Recommendation (the “Second Report”) addressing the following motions to dismiss: Motion to Dismiss of Defendants Cary C. Woods, Mark H. Luttrell, Jr., Shelby County, Shelby County Board of Commissioners, and Kevin Reed (ECF No. 10); Defendant Terita Hewlett's Motion to Dismiss (ECF No. 11); Motion to Dismiss of Defendants Memphis Area Legal Services, Shayla Purifoy, and Anumeha Tanya (ECF No. 13); Defendant Theresa Childress's Motion to Dismiss (ECF No. 16); and Defendant Mayla C. Anders' Motion to Dismiss (ECF No. 31). (ECF No. 60.) The Report recommends granting each of the motions to dismiss. (Id.)

         Plaintiff filed an objection to the Second Report on August 14, 2017. (ECF No. 61.) Defendants filed responses in support of the Magistrate ...


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