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08-762 - Dozier v. Price et al (INMATE1)


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08-762 - Dozier v. Price et al (INMATE1)
September 19, 2008
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ORDER directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; 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 Montgomery County Detention Facility. Signed by Honorable Wallace Capel, Jr. on 9/19/2008. (dmn)
September 30, 2008
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REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint that: 1. The plaintiff's claims against Charles Price, D. T. Marshall, Eleanor Brooks, Charles Law and Michael Kidd be DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). 2. The plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama for a controlled substance offense be dismissed without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time. 3. This case be dismissed prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). Objections to R&R due by 10/14/2008. Signed by Honorable Wallace Capel, Jr. on 9/30/2008. (dmn)
October 31, 2008
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ORDER that the Plaintiff's 11 Objection is overruled. ORDER ADOPTING 10 REPORT AND RECOMMENDATION and it is hereby ORDERED as follows: 1. Plaintiff's claims against Charles Price, D. T. Marshall, Ellen Brooks, Charles Law, and Michael Kidd are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). 2. The plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama for a controlled substance offense is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time. 3. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). Signed by Honorable W. Harold Albritton, III on 10/31/2008. (dmn)
October 31, 2008
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FINAL JUDGMENT is entered in favor of the Defendants and against the Plaintiff, Fred Dozier. Signed by Honorable W. Harold Albritton, III on 10/31/2008. (Attachments: #(1) Civil Appeals Checklist) (dmn)