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16-119 - Orr v. Bentley et al (INMATE 2)


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16-119 - Orr v. Bentley et al (INMATE 2)
April 15, 2016
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Plf's claims against the named defendants challenging events which occurred on or before 2/16/14, be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) as Plf failed to file the complaint regarding these allegations within the time prescribed by the applicable period of limitation; (2) The 1983 claims presented against Defs Bentley and Strange, to the extent they are not barred by the statute of limitations, be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); (3) Plfs challenge to the validity of his 1982 conviction and/or sentence for murder be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii), as such claims are not properly before the court at this time; and (4) This case be DISMISSED prior to service under 28 U.S.C. 1915(e)(2)(B)(i-ii); Objections to R&R due by 4/29/2016. Signed by Honorable Judge Gray M. Borden on 4/15/16. (djy, )
May 25, 2016
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ORDER directing as follows: (1) plf's 5 Objection to Report and Recommendation is OVERRULED; (2) adopting 4 Report and Recommendation of the Magistrate Judge; (3) Plf's claims against the named Defendants challenging events which occurred on or before 2/16/14 are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B) (i) as Plf failed to file the complaint regarding these allegations within the time prescribed by the applicable period of limitation; (4) The 1983 claims presented against Defs Bentley and Strange, to the extent they are not barred by the statute of limitations, are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); (5) Plf's challenge to the validity of his 1982 conviction and/or sentence for murder is DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii), as such claims are not properly before the court at this time; (6) This case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i-ii). Signed by Honorable Judge W. Harold Albritton, III on 5/25/2016. (djy, )
May 25, 2016
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FINAL JUDGMENT is entered in favor of the defendants and against the plf, and this case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 5/25/16. (Attachments: # (1) civil appeals checklist)(djy, )