1 The statute provides, in pertinent part: “[T]he court shall dismiss the case at any time if the
court determines that . . . the action or appeal– (i) is frivolous or malicious, (ii) fails to state a claim
on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune
from such relief.” 28 U.S.C. § 1915(e)(2)(B).
2 If the court has misunderstood the allegations of plaintiff’s complaint, plaintiff may so
indicate by objection to this recommendation.
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
CIVIL ACTION NO. 3:06CV1112-MEF
STATE OF ALABAMA ATTORNEY
GENERAL’S OFFICE, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff has filed a motion seeking to proceed in forma pauperis in this action (Doc.
# 2). Upon consideration of the motion, it is
ORDERED that the motion to proceed in forma pauperis is GRANTED. Upon
review of the complaint filed in this case, the court concludes that dismissal of the complaint
prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).1 It appears from
the “Complaint and Motion to Appeal” filed by plaintiff in this action (Doc. # 1) that plaintiff
seeks to appeal a judgment entered against him by the Circuit Court for Chambers County,
Alabama in Case No. 05-77.2 See Complaint, p. 1 (“COMES, NOW THE PLAINTIFF
WITH THIS COMPLAINT AND MOTION TO APPEAL THE ABOVE CASE [Case No.
Case 3:06-cv-01112-MEF-SRW Document 4 Filed 12/20/2006 Page 1 of 3
Coggins v. State of Alabama Attorney General's Office et al (MAG+)
CV 05-077] BECAUSE OF ALL THE ILLEGAL METHODS USED IN THE DENYING
OF MY CONSTITUTIONAL RIGHTS MAKES THIS A DIRECT APPEAL, TO THE
UNITED STATES DISTRICT COURT.”); id., p. 7 (seeking judgment including “A TOTAL
REVERSAL ON ALL OF THE KANGAROO COURT ORDERS, INJUNCTIVE RELIEF,
OR RESTRAINT[S] THAT HAVE BEEN PLACED AGAINST THE PLAINTIFF”)..
Under the Rooker-Feldman doctri