Drake v. Hughes et al (INMATE 2)
| William R. Drake, Jr. |
| Andy Hughes, Doug Valaska, Donovan Arias, Anthoney Hatcher, Bill Rafferty, Jackie Smith, Carl Scott, Dale Swanner, Health Elliot, Jimmy Holt, Sgt. Kilpatrick and Carla Woodall |
| 1:2010cv00668 |
| August 5, 2010 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| Ira De Ment |
| Terry F. Moorer |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
7
ORDERED that the 6 Recommendation of the Magistrate Judge is ADOPTED; (2) The § 1983 claims presented against Defendants Valeska, Atwell, and Davis be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B) (i) and (iii); (3) Plaintiffs negligence claim be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); (4) Plaintiffs challenge to the constitutionality of his conviction and sentence and/or pending crimina l charges be DISMISSED without prejudice pursuantto the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are notproperly before the court at this time; and (5) This case be DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i-iii).. Signed by Honorable Ira De Ment on 10/14/2010. (cb, )
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