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17-180 - Holloway v. Chambers County Courts (INMATE 2)


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17-180 - Holloway v. Chambers County Courts (INMATE 2)
April 12, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. Plaintiffs claims against the named defendant be DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); 2. Plaintiffs challenge to the validity of his current confinement 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; 3. Plaintiffs request for declaratory and/or injunctive relief, which entails intervention by this court into the pending state criminal proceedings, be DISMISSED without prejudice under theYounger abstention doctrine so Plaintiff may pursue his claims in the state courts; 4. This case be DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iii). Objections to R&R due by 4/28/2017. Signed by Honorable Judge Terry F. Moorer on 4/12/2017. (dmn, )
June 29, 2017
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 6/29/2017. (dmn, )
June 29, 2017
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's 4 Objections are overruled. (2) The United States Magistrate Judge's 3 Recommendation is adopted. (3) Plaintiffs claims against defendant Chambers County Courts are dismissed with prejudice as the court is not a proper defendant under 41 U.S.C. 1983. (4) Plaintiffs challenge to the validity of his current confinement and plaintiffs request for declaratory and/or injunctive relief regarding pending state criminal proceedings 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. Signed by Honorable Judge Myron H. Thompson on 6/29/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )