United States District Court, D. South Carolina
July 23, 2014
James Bernard Curry, Plaintiff,
Douglas A. Barfield, Jr., Defendant.
JOSEPH F. ANDERSON, Jr., District Judge.
The pro se plaintiff, James Bernard Curry, is an inmate with the South Carolina Department of Corrections. He brings this action pursuant to 42 U.S.C. § 1983 alleging that the defendant, Solicitor Douglas A. Barfield, violated his constitutional rights in connection with a false affidavit he prepared and notarized for Great Falls Police Chief J.M. Revels. Plaintiff contends that this affidavit caused him to be arrested without probable cause and wrongfully convicted of various criminal charges. He seeks monetary damages.
The Magistrate Judge assigned to this action has prepared a Report and Recommendation and opines that the § 1983 action should be summarily dismissed. The Report sets forth in detail the relevant facts and standards of law on this matter, and the court incorporates such without a recitation.
The plaintiff was advised of his right to file objections to the Report. In his one-page memorandum, the plaintiff reiterates his claim that the affidavit contained false information and is fraud upon the court. He also requests that an investigation of the defendant be ordered by this court. The plaintiff's objections are without merit and are thus overruled.
The Magistrate Judge correctly opines that prosecutor have absolute immunity for activities in or connected with judicial proceedings. See Buckley v. Fitzsimmons, 509 U.S. 259 (1993). As defendant Barfield's preparation of the affidavit was an action associated with the prosecution of plaintiff's state criminal charges, plaintiff's claims are barred against the defendant.
After a careful review of the record, the applicable law, and the Report and Recommendation, the court finds the Magistrate Judge's recommendation proper and incorporates it herein by reference. Accordingly, this action is dismissed without prejudice and without issuance and service of process.
IT IS SO ORDERED.