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Martin v. City of Memphis/Shelby County & Criminal Court

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

October 27, 2017

RHAKIM MARTIN, Plaintiff,
v.
CITY OF MEMPHIS/SHELBY COUNTY & CRIMINAL COURT, ET AL., Defendants.

          ORDER

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

         On June 21, 2017, Plaintiff Rhakim Martin filed this action under 42 U.S.C. § 1983. On August 8, 2017, Plaintiff filed a Motion for Leave to File an Amended Complaint (“Motion to Amend I”). (ECF No. 10.) On August 15, 2017, he filed a Second Motion for Leave to File an Amended Complaint (“Second Motion to Amend”). (ECF No. 11.) On October 19, 2017, he again filed a Motion for Leave to File an Amended Complaint (“Motion to Amend II”). (ECF No. 14.) Because Plaintiff is proceeding in forma pauperis, his complaint must be screened pursuant to 28 U.S.C. § 1915 (“Section 1915”).

         For the following reasons, Plaintiff's complaint is DISMISSED. The Motion to Amend I, Second Motion to Amend, and Motion to Amend II are DENIED AS FUTILE.

         I. BACKGROUND

         Plaintiff, a state prisoner, seeks relief under § 1983 against the City of Memphis/Shelby County & Criminal Court and twenty-eight individual Defendants: (1) Mary Thomas, in her individual capacity as 4th Grand Jury Member; (2) Amy Weirich, in her individual capacity as District Attorney General; (3) Paul Guibao, in his individual capacity as Trial Attorney; (4) Alexia Crump, in her individual capacity as Assistant District Attorney; (5) Chris Craft, in his individual capacity as Judge Division 8; (6) P. Gooch, in his official capacity and in his individual capacity as Detective; (7) B. Beasley, in his/her official capacity and in his/her individual capacity as Detective; (8) M. Spearman, in his/her individual capacity as Detective; (9) Lance Chism, in his individual capacity as Appeal Lawyer; (10) Robert Cooper, Jr., in his individual capacity as Attorney General and Lawyer; (11) Deshea Dalany Faughn, in her individual capacity as Senior Counsel; (12) A. Hudson, in his/her official capacity as Arresting Officer; (13) J. Schmedes, in his/her official capacity as Arresting Officer; (14) J. Hampton, in his/her official capacity as Arresting Officer; (15) D. Rodgers, in his/her official capacity as Arresting Officer; (16) Thomas Woodall, in his individual capacity as Appellate Judge; (17) Alan Glenn, in his individual capacity as Appellate Judge; (18) Herbert Slatery, III, in his capacity as Attorney General & Re- porter;[1] (19) Andree Blumstein, in her individual capacity as Solicitor General; (20) John Bledsoe, in his individual capacity as Senior Counsel; (21) Holly Kirby, in her individual capacity as Supreme Court Judge; (22) Jeffrey Bivins, in his individual capacity as Supreme Court Judge; (23) Cornelia Clark, in her individual capacity as Supreme Court Judge; (24) Sharon Lee, in her individual capacity as Supreme Court Judge; (25) Bill Has-lam, in his individual capacity as Governor; (26) Christie Cur-rie, in her individual capacity; (27) Smiller Johnson in his individual capacity as Commissioner, and (28) John Marshall, in his individual capacity as Commissioner. (ECF No. 1 at 5-11.)[2]

         Plaintiff alleges[3] that:

• Defendant Mary Thomas served as a juror in Plaintiff's case without being properly sworn;
• Defendant Amy Weirich allowed Defendant Mary Thomas to serve as a juror in Plaintiff's case without being properly sworn;
• Defendant Paul Guibao provided ineffective assistance of counsel during Plaintiff's trial;
• Defendant Alexia Crump falsely arrested and falsely imprisoned Plaintiff when she wrongfully prosecuted him and improperly failed to sign the Charging Authorization against Plaintiff;
• Defendant Chris Craft wrongfully found Plaintiff guilty on the charges against him at trial;
• Defendant P. Gooch falsely arrested and falsely imprisoned Plaintiff when Gooch arrested Plaintiff for carjacking and employing a firearm during a felony, and helped Defendant Christie Currie provide a false identification of Plaintiff in a photo lineup;
• Defendant B. Beasley committed false arrest and false imprisonment when he/she arrested Plaintiff for carjacking and employing a firearm during a felony;
• Defendant M. Spearman conspired to falsely arrest Plaintiff for carjacking and employing a ...

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