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16-065 - Jarrell v. Moulton (INMATE 2)


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16-065 - Jarrell v. Moulton (INMATE 2)
February 11, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The § 1983 claims against Dft Kevin Moulton be DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(i); 2) Plf's request for declaratory relief, which entails intervention by this court into the pending state criminal proceedings, be DISMISSED without prejudice under the Younger abstention doctrine so Plf may pursue his claims in the state courts; 3) This complaint be DISMISSED prior to service of process; Objections to R&R due by 2/25/2016. Signed by Honorable Judge Terry F. Moorer on 2/11/2016. (wcl, )
March 7, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/7/2016. (wcl, )
March 7, 2016
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 3 recommendation is adopted; (2) Plf's claims are dismissed with prejudice, except that plf's request for declaratory relief is dismissed without prejudice; (3) No costs are taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/7/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )