Beamon v. State of Alabama et al (INMATE1)
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|Date Filed||#||Document Text|
|February 3, 2009
REPORT AND RECOMMENDATION re 1 Inmate 1983 Complaint filed by James Beamon that: 1. The plaintiff's claims against the State of Alabama, the Montgomery County Courthouse, Charles Price and Randall Thomas be DISMISSED with prejudice under the d irectives of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). 2. The plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama for first degree robbery be dismis sed without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time. 3. This case be dismissed prior to service of process as required by the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii). Objections to R&R due by 2/17/2009. Signed by Honorable Terry F. Moorer on 2/3/2009. (dmn)
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