Osuna v. Clark et al (INMATE1)

Osuna v. Clark et al (INMATE1)

Case Number:	2:2005cv00173
Filed:	February 23, 2005
Court:	US District Court for the Middle District of Alabama
Office:	Montgomery Office
Presiding Judge:	Wallace Capel
Presiding Judge:	Mark E. Fuller
Nature of Suit:	Habeas Corpus (Prison Condition)
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	None

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Date Filed	Document Text
March 1, 2005	Filing 4 RECOMMENDATION of the Magistrate Judge that: (1) the plaintiff's challenges to his pending criminal charge and all court actions related to this charge be dismissed without prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii); (2) th e plaintiff's claims against Greg Gambril, Walt Merrell and Eugenia Loggins be dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i) and (iii); (3) Greg Gambril, Walt Merrell and Eugenia Loggins be dismissed from this cause of action; (4) the claims presented by the plaintiff referencing alleged violations of the constitutional rights of inmates Joe Clements and Charles A. Barnes be dismissed without prejudice under 28 USC 1915(e)(2)(B)(i); (5) the plaintiff's claims challenging the conditions of confinement in the Covington County Jail be referred back to the Magistrate Judge for additional proceedings. Objections to R&R due by 3/16/2005. Signed by Judge Vanzetta P. McPherson on 3/1/05. (sl, )

Date Filed

Document Text

March 1, 2005

Filing 4 RECOMMENDATION of the Magistrate Judge that: (1) the plaintiff's challenges to his pending criminal charge and all court actions related to this charge be dismissed without prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii); (2) th e plaintiff's claims against Greg Gambril, Walt Merrell and Eugenia Loggins be dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i) and (iii); (3) Greg Gambril, Walt Merrell and Eugenia Loggins be dismissed from this cause of action; (4) the claims presented by the plaintiff referencing alleged violations of the constitutional rights of inmates Joe Clements and Charles A. Barnes be dismissed without prejudice under 28 USC 1915(e)(2)(B)(i); (5) the plaintiff's claims challenging the conditions of confinement in the Covington County Jail be referred back to the Magistrate Judge for additional proceedings. Objections to R&R due by 3/16/2005. Signed by Judge Vanzetta P. McPherson on 3/1/05. (sl, )

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