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16-922 - Bailey v. Hobbs et al (INMATE 1)


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16-922 - Bailey v. Hobbs et al (INMATE 1)
February 6, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims against Judge Truman M. Hobbs, Jr. and Assistant District Attorney Sherri Mazur seeking declaratory and injunctive relief with respect to a sentencing order issued in a criminal proceeding before the Circuit Court of Montgomery County, Alabama be DISMISSED with prejudice in accordance with 28 USC 1915(e)(2)(B)(i); 2) The plf's claims against Judge Truman M. Hobbs, Jr. and Assistant District Attorney Sherri Mazur for monetary damages be DISMISSED with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(iii); 3) The plf's challenge to the constitutionality of the sentence imposed upon him by the Circuit Court of Montgomery County, Alabama on 3/28/2016 be dismissed without prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii) as such claim is not properly before the court in this cause of action; 4) The plf's 1 motion for preliminary injunction be DENIED as he has failed to show a substantial likelihood of success on the merits; 5) This case be dismissed prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 2/20/2017. Signed by Honorable Judge Susan Russ Walker on 2/6/2017. (wcl, )
February 28, 2017
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915(e)(2)(B)(i), (ii), and (iii). Signed by Chief Judge William Keith Watkins on 2/28/2017. (wcl, )ORDERED as follows: 1) The 6 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf's claims against Judge Truman M. Hobbs, Jr., and Assistant District Attorney Sherri Mazur seeking declaratory and injunctive relief are DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 3) Plf's claims against Judge Truman M. Hobbs, Jr., and Assistant District Attorney Sherri Mazur seeking monetary damages are DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(iii); 4) Plf's challenge to the constitutionality of his state-court sentence is DISMISSED without prejudice under 28 USC 1915(e)(2)(B)(ii); 5) Plf's 1 motion for preliminary injunction is DENIED; and 6) This case is DISMISSED prior to service of process under 28 USC 1