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16-107 - Jarrell v. Lewis (INMATE 1)


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16-107 - Jarrell v. Lewis (INMATE 1)
March 1, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The plaintiff's claims for declaratory relief from orders issued/actions undertaken by the state court in proceedings related to his pending criminal cases be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). 2. The plaintiff's claims for monetary damages against Judge Ben Lewis be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(iii). 3. The plaintiff's request for declaratory relief which would necessarily entail intervention by this court into the pending state criminal proceedings be DISMISSED without prejudice in accordance with the Younger abstention doctrine so that the plaintiff may pursue his claims in the state courts. 4. This case be dismissed prior to service of process. Objections to R&R due by 3/15/2016. Signed by Honorable Judge Terry F. Moorer on 3/1/2016. (kh, )
March 31, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/2016. (kh, )
March 31, 2016
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 4 recommendation is adopted, with the exception stated in the opinion entered today. (2) Plaintiff's claims for damages are dismissed with prejudice. (3) Plaintiff's claims for declaratory relief are dismissed without prejudice. (4) No costs are taxed. 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 Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/31/2016. (Attachments: # (1) Civil Appeals Checklist)(kh, )