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16-643 - Howard v. Weller, et al (INMATE 2)


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16-643 - Howard v. Weller, et al (INMATE 2)
March 3, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that 1. Plaintiff's 1 Inmate 1983 Complaint against Defendants Taylor, Windom, Main, Shaw, Bryan, Bolin, and Murdock be DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i) & (iii); 2. To the extent Plaintiffs claims seek to challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court for Baldwin County, Alabama, such claims be DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as they are not properly before the court at this time; 3. Plaintiffs § 1983 complaint against Defendant Weller be DISMISSED without prejudice under 28 U.S.C. 1915(e) (2)(B)(ii); 4. This complaint be DISMISSED prior to service of process. Objections to R&R due by 3/17/2017. Signed by Honorable Judge Gray M. Borden on 3/3/2017. (dmn, )
April 13, 2017
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ORDER as follows: 1. The 10 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's 1983 complaint against Defendants Taylor, Windom, Main, Shaw, Bryan, Bolin, and Murdock is DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i) & (iii); 3. To the extent Plaintiffs claims seek to challenge the constitutionality of the conviction and sentence imposed upon him by the Circuit Court for Baldwin County, Alabama, such claims are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as they are not properly before the court at this time; 4. Plaintiffs § 1983 complaint against Defendant Weller is DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); and 5. This complaint is DISMISSED prior to service of process. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/13/2017. (dmn, )