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14-203 - Marte v. The Geo Group Inc. et al

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14-203 - Marte v. The Geo Group Inc. et al
October 27, 2015
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Report and Recommendations re: 1 Complaint. It is RECOMMENDED that upon transfer back to the District Judge that: 1. Count One be construed as a writ of habeas corpus under 28 USC 2241. 2. Count Two be DISMISSED for failure to state a claim. 3. Count Three be DISMISSED for failure to state a claim. 4. Count Four be DISMISSED as frivolous. Count Five be DISMISSED as frivolous. IT IS ORDERED that this case is TRANSFERRED back to the docket of the United States District Judge. (Ordered by Magistrate Judge E. Scott Frost on 10/27/2015) (jgf)
September 26, 2016
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ORDER. The Court accepts and adopts the findings, conclusions and recommendation of the Magistrate Judge. It is, therefore, ORDERED: 1) Plaintiff's challenge to the disciplinary haring concerning unauthorized possession of eyeglasses and lenses resulting in loss of good conduct time (Count 1) should be construed as a writ of habeas corpus pursuant to 28 USC §2241. 2) Such writ of habeas corpus shall be severed and assigned a new case number. (1:16-cv-171) 3) The Clerk shall file a copy of the Motion to Proceed IFP and Certificate of Inmate Trust Account in the new civil action (1:16-cv-171) and mail to Plaintiff a copy of a §2241 form marked "Amended" with the newly assigned Civil Action number (1:16-cv-171) for use in filing his petition for writ of habeas corpus. 4) Plaintiff shall complete and file the Amended Petition within 20 days from the date of this Order. 5) The remainder of Plaintiff's complaint and all claims alleged therein under 42 USC §1983 (described as Counts 2, 3, 4 & 5) are DISMISSED WITH PREJUDICE for failure to state a claim, and as frivolous. This dismissal shall count as a qualifying dismissal under 28 USC §1915(g). All pending motions are DENIED. (Ordered by Senior Judge Sam R Cummings on 9/26/2016) (mmg)