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17-033 - Lewis v. Bolton et al (INMATE 1)


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17-033 - Lewis v. Bolton et al (INMATE 1)
January 19, 2017
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dge Terry F. Moorer on 1/19/2017. (dmn, )RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 complaint, that: 1. The claims presented by the plaintiff challenging the constitutionality of his arrest on 2/8/2013 be DISMISSED with prejudice as malicious and frivolous in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i). 2. The plaintiffs claims against Wallace Mills be dismissed with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i). 3. Those claims which go to the fundamental legality of the convictions imposed upon Lewis in 2013 by the Circuit Court of Montgomery County, Alabama for attempted kidnapping, attempted rape and third degree robbery 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 in this 42 U.S.C. 1983 action. 4. This case be dismissed prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Objections to R&R due by 2/17/2017. Signed by Honorable Ju
February 24, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 2/24/2017. (dmn, )
February 24, 2017
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 4 Recommendation is adopted. (2) Plaintiff's claims challenging the constitutionality of his arrest on 2/8/2013 and his claims against defendant Wallace Mills are dismissed with prejudice. (3) Plaintiffs claims which go to the fundamental legality of his 2013 convictions in the Circuit Court of Montgomery County, Alabama for attempted kidnapping,attempted rape and third degree robbery are dismissed without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/24/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )