Whitehead v. Valeska et al (INMATE 1)

Plaintiff: Todd Johnathan Whitehead
Defendant: Inv. Rafferty, Kristen M. Shields and Douglas Albert Valeska
Case Number: 1:2014cv00039
Filed: January 17, 2014
Court: Alabama Middle District Court
Office: Dothan Office
County: Elmore
Referring Judge: Terry F. Moorer
Presiding Judge: W. Harold Albritton
Nature of Suit: Mandamus and Other
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

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Date Filed#Document Text
June 3, 2014 9 Opinion or Order of the Court ORDER directing that the court adopts the Recommendation of the Magistrate Judge (Doc. # 7 ), and it is hereby ORDERED as follows: (1) The plaintiff's challenge to the constitutionality of his arrest on August 16, 2010 is DISMISSED with prejudi ce pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as the plaintiff failed to file the complaint within the time prescribed by the applicable period of limitation; (2) The plaintiff's claims against defendants Valeska and Shields are DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); (3) The plaintiff's malicious prosecution claim is summarily DISMISSED pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i i) as it fails to state a claim upon which relief can be granted; (4) To the extent the plaintiff presents claims challenging the constitutionality of his conviction by the Circuit Court of Houston County, Alabama and the incarceration resulting from this conviction, these claims are DISMISSED in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not cognizable in the instant civil action; (5) This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii). Signed by Honorable Judge W. Harold Albritton, III on 6/3/14. (scn, )

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Search for this case: Whitehead v. Valeska et al (INMATE 1)
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Defendant: Inv. Rafferty
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Defendant: Kristen M. Shields
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Defendant: Douglas Albert Valeska
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Plaintiff: Todd Johnathan Whitehead
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