Hatcher v. Jones (INMATE 3)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DANIEL LAMAR HATCHER, ) Reg. No. 12754-002, ) ) Plaintiff, ) ) v. ) CASE NO. 2:23-CV-82-RAH ) JOSHUA PAUL JONES, ) ) Defendant. ) O R D E R On May 12, 2023, the Magistrate Judge entered a Recommendation (Doc. 7) that this case should be dismissed prior to service of process. Specifically, the Magistrate Judge recommended that Plaintiff Daniel Lamar Hatcher’s Bivens action should be dismissed because Attorney Joshua Paul Jones is not a federal actor. On May 12, 2023, Plaintiff filed an Objection (Doc. 9), asserting his counsel’s performance was constitutionally deficient.

As discussed in the Recommendation, Attorney Jones is not a federal actor subject to Bivens liability, even if the claims are related to court-appointed representation. (Doc. 7 at 4, citing Polk Cty. v. Dodson, 454 U.S. 312, 325 (1981).)

Upon independent review of the record, the Recommendation, and the Plaintiff’s Objection, it is ORDERED as follows: 1. The Objection (Doc.9) is OVERRULED.

2. The Recommendation of the Magistrate Judge is ADOPTED.

3. This case is DISMISSED prior to service of process under the directives of 28 U.S.C. § 1915(e)(2)(B) (Gi) and § 1915A(b)(1).

DONE, on this the 16th day of May 2023.

R. AUSTIN Ue JR. UNITED STA DISTRICT JUDGE