Bailey v. Hendrickson et al (INMATE 2)
| James William Bailey, IV |
| Allen Hendrickson, Shain Ash, Terry Nelson, Scott Langley, Adam Robinson, Nereida Bundy, Douglas A. Valeska, Daniel Waddington Cox, Hartford Police Department, Henry County Sheriff's Department, Dothan Police Department, Heather Lyn Brown, Houston County, Donald Valenza, Houston County Sheriff's Department, Geneva County and City of Dothan |
| 1:2018cv00543 |
| May 31, 2018 |
| U.S. District Court for the Middle District of Alabama |
| Dothan Office |
| Escambia |
| Terry F. Moorer |
| William Keith Watkins |
| Mandamus and Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
6
OPINION and ORDER ADOPTING 5 REPORT AND RECOMMENDATION of the Magistrate Judge as follows: (1) Plf's 1983 claims in II(A), II(B), and II(G)(ii) are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii); (2) Plf's 1983 claims in II(C), II(E), II(F), & II(G)(i) and (iii), and II(H) are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii);(3) Plf's 1983 claims challenging events which occurred on or before 12/22/2004 (see II(D)), are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) as Plf failed to file the complaint regarding this allegation within the time prescribed by the applicable statute of limitations; (4) Plf's 1983 complaint, to the extent it challenges to the co nstitutionality of the convictions and/or sentences on which he is incarcerated (see II(I)), are 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; and (5) Plf's supplemental state law claims (see II(J)) are DISMISSED without prejudice; (6) This case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iiii).. Signed by Honorable Judge Emily C. Marks on 11/7/18. (djy, )
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