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08-296 - Payne v. Allen et al (INMATE1)


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08-296 - Payne v. Allen et al (INMATE1)
May 8, 2008
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ORDERED that the plaintiff be GRANTED an extension from 5/7/08 to and including 5/21/08 to file an objection to the April 23, 2008 Recommendation. Signed by Honorable Wallace Capel, Jr on 5/8/2008. (cb, )
June 3, 2008
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ORDERED that 3 Report and Recommendation is ADOPTED; (2) Plf's 5 Motion for Writ of Mandamus is DENIED; (3) The Plf's challenge to the constitutionality of his transfer is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i; (4)Plf's criminal conspiracy claim is DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); (5) Plf's civil conspiracy claim is DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); (6) Plf's claims against defendants Bob Riley and Richard Allen are DISMISSED with prejudice in accordance with the directives of 28 U.S.C.; (7) Bob Riley and Richard Allen are DISMISSED as defendants in this case; (8) With respect to the plaintiffs access to court claim arising during his confinement at the Southeast Correctional Center in Basile, Louisiana, is TRANSFERRED to the United States District Court for the Western District of Louisiana pursuant to the provisions of 28 U.S.C. § 1404 § 1915(e)(2)(B)(i) and (ii) Signed by Honorable William Keith Watkins on 6/3/2008. (Attachments: # (1) Civil Appeals Checklist)(cb, )