Beamon v. State of Alabama (INMATE1)
||State of Alabama
||January 30, 2009
||US District Court for the Middle District of Alabama
||Prisoner: Civil Rights Office
||Truman M. Hobbs
||Terry F. Moorer
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||42:1983 Prisoner Civil Rights
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|February 3, 2009
REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by James Beamon; it is the Recommendation of the Mag Judge that: 1) The plaintiff's claims against the State of Alabama be dismissed with prejudice under the directives of 28 USC 1915 (e)(2)(B)(i),(ii), and (iii); The plaintiff's challenge to the constitutionality of the convictions and sentences imposed upon him in 2008 by the CC of Montgomery County, AL for robbery and kidnapping and any claims related to the revocation of his parole based on such charges be summarily dismissed without prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii)as these claims are not properly before the court at this time; This case be dismissed prior to service of process as required by the directives of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 2/17/2009. Signed by Honorable Terry F. Moorer on 2/3/09. (vma, )
|February 2, 2009
ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full as further set out in order. Copies mailed to plaintiff and account clerk at KCF;furn: cashier. Signed by Honorable Terry F. Moorer on 2/2/09. (vma, )
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