Joiner v. Montgomery Police Department et al (INMATE2)
||July 14, 2005
||Alabama Middle District Court
||Delores R. Boyd
||Ira De Ment
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|July 20, 2005
REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Henry Joiner that Plaintiff's 1983 claims against the Montgomery City Jail and the Montgomery Police Department be dismissed with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i). To the extent Plaintiff's complaint challenges the constitutionality of a conviction and/or sentence imposed upon him by a state and/or city court located in Montgomery, AL in February 2005, these claims be dismissed without p rejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii); and this case be dismissed prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Objections to R&R due by 8/1/2005. Signed by Judge Delores R. Boyd on 7/20/2005. (dmn)
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