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16-960 - Anderson v. Mendheim (INMATE 2)


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16-960 - Anderson v. Mendheim (INMATE 2)
March 13, 2017
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urt at this time; and 3. This case be DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i-iii). Objections to R&R due by 3/27/2017. Signed by Honorable Judge Susan Russ Walker on 3/13/2017. (dmn, ) Modified on 3/14/2017 to correct the docket text to remove the statute symbols and to add the apostrophes (qc/wcl, ).RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint filed by Bryant Anderson, that: 1. Plaintiff's 1983 claims against Defendant Mendheim be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) & (iii); 2. Plaintiff's challenge to the constitutionality of the conviction and/or sentence imposed upon him by the Circuit Court for Houston County, Alabama, be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the co
April 27, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 4/27/2017. (dmn, )
April 27, 2017
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 6) is adopted. (2) Plaintiffs claims for damages are dismissed with prejudice. (3) Plaintiffs remaining claims are dismissed without prejudice. 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 FRCP 58. This case is closed.Signed Myron H. Thompson on 4/27/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )