IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

GENE COGGGINS, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. 3:06-cv-00687-WHA-DRB 

 ) 

PROBATE JUDGE GLORIA ) 

SINCLAIR, et al. ) 

 ) 

 Defendants. ) 

MOTION FOR MORE DEFINITE STATEMENT

 COME NOW Probate Judge Gloria Sinclair and Tallapoosa County, Defendants in the 

above-styled cause, and move for a more definite statement from the Plaintiff under Rule 12(e), 

Fed.R.Civ.P. The Defendants find it difficult to understand several aspects of Plaintiff’s 

Complaint, such that answering the Complaint is difficult. If Plaintiff cannot or will not file a 

Complaint with a More Definite Statement of his allegations, this Court should strike the 

pleading. 

Grounds

1. The Plaintiff’s Complaint does not explain how this federal District Court has 

jurisdiction over the matter complained of. 

2. The Plaintiff’s Complaint does not set forth, as required by Rule 8, Fed.R.Civ.P., 

“a short and plain statement of the grounds upon which the court’s jurisdiction depends.” 

3. The Plaintiff’s Complaint cannot set forth a “short and plain statement of the 

grounds upon with the court’s jurisdiction depends” because there is no basis for diversity 

jurisdiction, nor is there a federal question that the Complaint does or can allege. 

4. The Plaintiff’s Complaint does not allege any violation by the Defendants of any 

United States Constitutional provision or federal statute. 

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5. The Plaintiff’s Complaint does not cite any federal case or common law that 

could reasonably apply to the actions or inactions of the probate judge or the county. 

6. The Plaintiff’s Complaint does not indicate how actions or inactions by the 

probate judge or county were wrongful or violations. 

7. The Plaintiff’s Complaint does not quantify his damages. 

8. The Plaintiff’s Complaint does not explain how absolute judicial immunity does 

not apply to the matters alleged. 

9. Plaintiff has not stated whether he has exhausted his remedies under Alabama 

law, specifically his right to appeal a probate court judgment or to petition a higher court for an 

extraordinary writ. 

10. Plaintiff fails to allege any affirmative causal link between the alleged acts of 

Defendants and any alleged constitutional or statutory deprivation or Defendants’ direct 

participation in any alleged constitutional or statutory violation. 

Respectfully submitted this 29th day of August 2006. 

 s/Winthrop E. Johnson 

WINTHROP E. JOHNSON, Bar Number: JOH086 

Attorney for Defendants 

WEBB & ELEY, P.C. 

7475 Halcyon Pointe Drive (36117) 

Post Office Box 240909 

Montgomery, Alabama 36124 

Telephone: (334) 262-1850 

Fax: (334) 262-1889 

E-mail: wjohnson@webbeley.com 

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CERTIFICATE OF SERVICE

 I hereby certify that on this the 29th day of August 2006, I have electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system, and that I have mailed a true 

and correct copy of the foregoing by United States Mail, postage prepaid, to the following nonCM/ECF participant: 

Gene Coggins 

242 High Top Cr. 

Jackson’s Gap, AL 36861 

s/Winthrop E. Johnson 

OF COUNSEL 

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