Davis v. Andrews et al (INMATE 1)
| Demarlos Davis |
| Max Andrews, Butch Benford and Judge White |
| 1:2010cv00902 |
| October 26, 2010 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| Ira De Ment |
| Wallace Capel |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
9
ORDER as follows: 1. Plaintiff's 8 Objection be and the same is hereby OVERRULED; 2. The 7 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. Plaintiff's claims for monetary damages again st Jerry White, Butch Binford, and Max Andrews be and the same are hereby DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 4. Plaintiff's conspiracy claim be a nd the same is hereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and 5. To the extent the Plaintiff presents claims challenging the constitutionality of a criminal charge pending against him before the Circuit Court of Houston County, Alabama, these claims are hereby DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Ira De Ment on 11/29/2010. (dmn)
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Filing
7
RECOMMENDATION OF THE MAGISTRATE JUDGE; that 1. The plaintiff's claims for monetary damages against Jerry White, Butch Binford and Max Andrews be DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). 2. The plaintiff's conspiracy claim be DISMISSED with prejudices pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). 3. To the extent the plaintiff presents claims challenging the constitutionali ty of a criminal charge pending against him before the Circuit Court of Houston County, Alabama, these claims be DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); that on or before November 18, 2010 the parties may file objections to this Recommendation. Signed by Honorable Wallace Capel, Jr on 11/4/2010. (jg, )
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Filing
3
ORDER ON MOTION directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Houston County Jail. Signed by Honorable Wallace Capel, Jr. on 10/27/2010. (dmn)
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