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08-938 - Floyd v. Anderson et al (INMATE2)


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08-938 - Floyd v. Anderson et al (INMATE2)
December 2, 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. Copies mailed to plaintiff and account clerk at HCJ; furn: account clerk. Signed by Honorable Terry F. Moorer on 12/2/08. (vma, )
December 30, 2008
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ORDER (1) ADOPTING (4) REPORT AND RECOMMENDATION of the Mag Judge; (2) The § 1983 claims presented against Judge Larry Anderson, Assistant District Attorney David Atwell, and Cassondra Tillery be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii); (3) Plaintiffs challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court for Houston County, Alabama, be DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time and (4) this complaint be DISMISSED prior to service of process. Signed by Honorable Truman M. Hobbs on 12/30/08. (djy, )
December 30, 2008
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FINAL JUDGMENT, in accordance with the prior proceedings, opinions, and orders of the Court, it is the ORDER, JUDGMENT, and DECREE of the Court that this case be DISMISSED with prejudice as to Defendants Anderson, Atwell, and Tillery; and DISMISSED without prejudice as to the plaintiffs remaining claims; The parties shall bear their own costs; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Truman M. Hobbs on 12/30/08. (Attachments: # (1) civil appeals checklist)(djy, )