Morris v. James et al (INMATE2)
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|Date Filed||#||Document Text|
|February 8, 2008
REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by George Hoey Morris; it is the Recommendation of the Mag Judge that: 1) The complaint against dfts James and Taylor, to the extent that it is filed under 42 USC 1983/Bivens, be dismissed pursuant to 28 USC 1915(A),(b)(1); 2) The complaint, to the extent that it states claims against Dfts James and Taylor for legal malpractice, be dismissed as this court is without subject matter jurisdiction over such claims; 3) The complaint, to th e extent that it is based on claims of ineffective assistance of counsel against Defendants James and Taylor, be dismissed without prejudice to Plaintiff's right to file the appropriate civil action in which he may raise such claims; 4) The comp laint against dft Redmond, to the extent that it is filed as a Bivens action, be dismissed under 28 USC 1915(A)(b)(1); 5) The complaint against dft Redmond, to the extent that it is based on a claim of prosecutorial misconduct, be dismissed without p rejudice to plaintiff's right to file the appropriate civil action in which he may raise such a claim; and 6) Plaintiff's complaint be dismissed prior to service of process Objections to R&R due by 2/21/2008. Signed by Judge Susan Russ Walker on 2/8/08. (vma, )
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