Jones v. Ivey et al (INMATE 1)
| Marcus Antonio Jones |
| Larry Jared, Kay Ivey, Charles Tipton, Jim Ellis, Steven T. Marshall, Steve Russell, Mark E. Fuller, Robert Barr, Glenda Parker and Jefferson S. Dunn |
| 1:2020cv00220 |
| March 27, 2020 |
| US District Court for the Middle District of Alabama |
| W Harold Albritton |
| Charles S Coody |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| None |
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Filing 7
FINAL JUDGMENT: In accordance with the #6 order entered on this date adopting the Recommendation of the Magistrate Judge, Judgment is entered in favor of the defendants and against the plaintiff and this case is summarily DISMISSED prior to service of process. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 5/20/2020. (Attachments: #1 Civil Appeals Checklist)(cwl, )
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Filing 6
ORDER: it is ORDERED that: 1) The #5 Recommendation of the Magistrate Judge is ADOPTED; 2) The plaintiff's claims challenging the arrest warrant and his arrest pursuant to such warrant which occurred in August of 1997 are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations; 3) The plaintiff's claims against Robert Barr and Mark Fuller seeking relief for actions which occurred during state criminal proceedings before the Circuit Court of Coffee County, Alabama are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (iii); 4) The plaintiff's claims which go to the fundamental legality of the murder conviction imposed upon him in 1999 by the Circuit Court of Coffee County, Alabama are dismissed without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action; 5. The plaintiff's deliberate indifference to safety claim is DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as this claim is malicious sinceit repeats a claim currently pending before this court in Jones v. Nolin, Civil Action No. 2:17-CV-342-WKW-SRW (M.D. Ala.); 6) This case is dismissed prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii); A separate Final Judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 5/20/2020. (cwl, )
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| No objections filed to the #5 Recommendation. (No pdf attached to this entry) (cwl, ) |
| Filing 5 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims challenging the arrest warrant and his arrest pursuant to such warrant which occurred in August of 1997 be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations. 2) The plf's claims against Robert Barr and Mark Fuller seeking relief for actions which occurred during state criminal proceedings before the Circuit Court of Coffee County, Alabama be DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i) and (iii). 3) The plf's claims which go to the fundamental legality of the murder conviction imposed upon him in 1999 by the Circuit Court of Coffee County, Alabama be dismissed without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action. 4) The plf's deliberate indifference to safety claim be DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as this claim is malicious since it repeats a claim currently pending before this court in Jones v. Nolin, Civil Action No. 2:17-CV-342-WKW-SRW (M.D. Ala.). 5) This case be dismissed prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 5/6/2020. Signed by Honorable Judge Charles S. Coody on 4/22/2020. (cnw, ) |
| Filing 4 Received Initial Partial Filing fee: $ 24.95, receipt number 4602057552. (cnw, ) |
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Filing 3
ORDER ON MOTION: granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; directing payment of initial partial filing fee of $24.27 be paid on or before 4/22/2020; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk at Red Eagle Honor Farm. Signed by Honorable Judge Charles S. Coody on 4/2/2020. (furn: cashier) (cnw, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Marcus Antonio Jones. (imm, ) |
| Filing 1 Inmate 1983 COMPLAINT against Robert Barr, Jefferson S. Dunn, Jim Ellis, Mark E. Fuller, Kay Ivey, Larry Jared, Steven T. Marshall, Glenda Parker, Steve Russell, Charles Tipton, filed by Marcus Antonio Jones.(imm, ) (Additional attachment(s) added on 4/2/2020: #1 Exhibit A) (cnw, ). |
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