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05-1138 - Jackson v. Brooks et al (INMATE 2)


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05-1138 - Jackson v. Brooks et al (INMATE 2)
December 5, 2005
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ORDER ; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full as further set out; 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 MCDC; furn: cashier.. Signed by Judge Delores R. Boyd on 12/5/05. (vma, )
January 13, 2006
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REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Jeffery James Jackson, it is the Recommendation of the Mag. Judge that: 1) Plaintiff's claims against Defendants Hartley and Smith arising from their representation of Plaintiff during his criminal trial proceedings which occurred on or about February 14, 2000 and June 16/17, 2002, be dismissed with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as the complaint against these Defendants is not filed within the time prescribed by the applicable period of limitations; 2) To the extent Plaintiff's claims against Defendants Hartley and Smith are not barred by the statue of limitations, his complaint, as amended, against these individuals be dismissed as frivolous under 28 U.S.C. 1915(e)(B)(i); 3) Defendants Hartley and Smith be dismissed as parties to this complaint; 4) To the extent Plaintiff's complaint, as amended, challenges the constitutionality of his February 2000 and/or June 16/17, 2002 guilty pleas and convictions, this claim be dismissed without prejudice in accordance with the directives of 28 U.S.C> 1915(e)(2)(B)(ii); and 5) This case be referred back to the undersigned for additional proceedings; Objections to R&R due by 1/25/2006 Signed by Judge Delores R. Boyd on 1/13/06. (vma, )
January 30, 2006
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ORDER it is the Order, Judgment and Decree of the court that: 1) The plaintiff's objection 11 to the Recommendation of the Mag. Judge is overruled; 2) ADOPTING 6 Report and Recommendations; 3) The plaintiff's claims against defendants Hartley and Smith arising from their representation of plaintiff during his criminal trial proceeds which occurred on or about February 14, 2000 and June 16/17, 2002 are dismissed with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as the complaint against these defendants is not filed within the time prescribed by the applicable period of limitations; 4) To the extent plaintiff's claims against defendants Hartley and Smith are not barred by the statute of limitations, his complaint, as amended, against these individuals are dismissed as frivolous under 28 U.S.C. 1915(e)(2)(B)(i); 5) Defendants Hartley and Smith are dismissed as parties to this complaint; 6) To the extent plaintiff's complaint, as amended, challenges the constitutionality of his February 2000 and/or June 15/17, 2002 guilty please and convictions, this claim is dismissed without prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii); 7) This case is referred back to the Mag. Judge for appropriate proceedings . Signed by Judge Mark E. Fuller on 1/30/06. (Attachments: # (1) appeals checklist# (2) plra notice)(vma, )
March 3, 2006
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ORDER denying 15 Motion to Appoint Counsel . Signed by Judge Delores R. Boyd on 3/3/2006. (cb, )
December 6, 2007
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ORDER construing 26 Motion for jury trial of right as a demand for trial by jury; motion denied. Signed by Judge Terry F. Moorer on 12/6/07. (vma, )
December 6, 2007
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ORDER denying 27 Motion for Appointment of Counsel. Signed by Judge Terry F. Moorer on 12/6/07. (vma, )
March 14, 2008
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REPORT AND RECOMMENDATIONS of the Mag Judge that (1) the defendants 17 MOTION for Summary Judgment be GRANTED; (2) judgment be entered in favor of defendants and against plf; (3) this case be DISMISSED with prejudice; and (4) costs of the proceeding be TAXED against plf for which execution may issue; Objections to R&R due by 3/26/2008. Signed by Judge Terry F. Moorer on 3/14/08. (djy, )
March 27, 2008
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ORDER, Judgment and Decree of the court that: 1) The plaintiff's objection doc. 33 to the Recommendation of the Mag Judge filed on 3/26/08 is overruled; 2) ADOPTING 32 Report and Recommendations; 3) Granting Motion for Summary Judgment filed by Will Powell, Eleanor I. Brooks and this case is dismissed with prejudice; 4) Costs of this proceeding are taxed against the plaintiff for which execution may issue. Signed by Judge Mark E. Fuller on 3/27/08. (Attachments: # (1) appeals checklist)(vma, )
March 27, 2008
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FINAL JUDGMENT it is Ordered and Adjudged that judgment is entered in favor of the defendants and against the plaintiff, that this action is dismissed with prejudice and the costs are taxed against the plaintiff; 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 Judge Mark E. Fuller on 3/27/08. (Attachments: # (1) appeals checklist)(vma, )
April 28, 2008
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ORDER denying 36 Motion to Amend; denying 36 Motion to Vacate Final Judgment. Signed by Hon. Chief Judge Mark E. Fuller on 4/28/08. (vma, )