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17-738 - Pearson v. Hartley et al (INMATE 1)


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17-738 - Pearson v. Hartley et al (INMATE 1)
January 11, 2018
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RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint filed by Clinton James Pearson, Jr. that: 1. The plaintiffs claims against John Hartley be DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i). 2. The plaintiffs claims against District Attorney Ellen Brooks and the AttorneyGeneral for the State of Alabama be DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e)(2)(B)(i) and (iii). 3. The plaintiffs challenges to the constitutionality of the robbery convictions imposed upon him by the Circuit Court of Montgomery County, Alabama on March 3, 1997 be DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), as such claims are not properly before the court in this cause of 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), (ii) and (iii). Objections to R&R due by 1/25/2018. Signed by Honorable Judge Susan Russ Walker on 1/11/2018. (dmn, )
February 7, 2018
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ORDER: This cause is before the court on the Recommendation of the Magistrate Judge entered on 1/11/2018 (Doc. 8). There being no timely objection to the Recommendation, and after review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1. The plaintiffs claims against John Hartley are DISMISSED with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(i). 2. The plaintiffs claims against District Attorney Ellen Brooks and the Attorney General for the State of Alabama are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (iii). 3. The plaintiffs challenges to the constitutionality of the robbery convictions imposed upon him by the Circuit Court of Montgomery County, Alabama on 3/3/1997 are 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 cause of action. 4. 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). A separate Final Judgment will be entered in accordance with this order. Signed by Honorable Judge W. Harold Albritton, III on 2/7/2018. (dmn, )
March 9, 2018
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Judge W. Harold Albritton, III on 3/9/2018. (dmn, )ORDER that the 18 Motion is DENIED and the Order Adopting Recommendation and Final Judgment entered on 2/7/2018 (Docs. 9 & 10) remain in full force and effect. As the court stated in a previous Order (Doc. 16), the plaintiff is advised that this court will not address any additional statements filed herein referencing facts or arguments relevant to his 1997 robbery convictions as such statements are not relevant to the disposition of this 42 U.S.C. 1983 action. Signed by Honorable