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08-609 - Mathis v. Binford et al (INMATE1)


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08-609 - Mathis v. Binford et al (INMATE1)
July 30, 2008
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ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at HCJ, cashier. Signed by Honorable Terry F. Moorer on 7/30/08. (vma, )
July 30, 2008
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REPORT AND RECOMMENDATIONS of the Magistrate Judge that: 1) The plf's claims against Judge Henry D. (Butch) Binford be dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); 2) The plf's claims against Matthew Lamere be dismissed with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(i); 3) The plf's conspiracy claim be dismissed with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii); 4) The plf's challenges to the constitutionality of the criminal charges pending against him before the Circuit Court of Houston County, Alabama be dismissed without prejudice under the directives of 28 USC 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; 5) This case be dismissed prior to service of process pursuant to the provisions of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 8/12/2008. Signed by Honorable Terry F. Moorer on 7/30/2008. (wcl, )
August 25, 2008
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OPINION. Signed by Honorable Myron H. Thompson on 8/25/08. (Attachments: # (1) appeals checklists)(vma, )
August 25, 2008
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FINAL JUDGMENT it is Ordered and Adjudged as follows: 1) ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendations; 2) The plaintiff's claims against defendant Henry D. (Butch) Binford, a judge, are dismissed with prejudice; 3) In all other respects, the plaintiff's complaint is dismissed without prejudice; It is further Ordered that costs are taxed against the plaintiff, for which execution may issue; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 8/25/08. (Attachments: # (1) appeals checklists)(vma, )