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16-842 - Dardy v. Hughes (INMATE 2)(LEAD CASE)


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16-842 - Dardy v. Hughes (INMATE 2)(LEAD CASE)
February 10, 2017
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) Plf's claims challenging events which occurred on or before 6/29/11, 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 statute of limitations; (2) Plf;s 1983 claims against Defs Hughes and Abercrombie be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) & (iii); (3) Plf's challenge to the constitutionality of the conviction and/or sentence imposed upon him in June of 2011 by the Circuit Court for Lee County, Alabama, 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 of process under 28 U.S.C. 1915(e)(2)(B)(i)-(iii); Objections to R&R due by 2/24/2017. Signed by Honorable Judge Wallace Capel, Jr on 2/10/17. (djy, )
March 22, 2017
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2)(B)(i), (ii), and (iii). Signed by Chief Judge William Keith Watkins on 3/22/2017. (wcl, )5(e)(2)(B)(i) and (iii); 4) Plf's challenge to the constitutionality of his conviction and/or sentence is DISMISSED without prejudice under 28 USC 1915(e)(2)(B)(ii); and 5) This case is DISMISSED prior to service of process under 28 USC 1915(e)(ORDERED as follows: 1) The 11 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf's claims are DISMISSED with prejudice as time-barred under 28 USC 1915(e)(2)(B)(i); 3) Plf's 1983 claims are DISMISSED with prejudice under 28 USC 191