Knight v. Marshall et al (INMATE 2)
| Antonio Marquis Knight |
| D. T. Marshall and Charles Price |
| 2:2010cv00211 |
| March 9, 2010 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Truman M. Hobbs |
| Susan Russ Walker |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
5
ORDER AND OPINION: It is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The §1983 claims presented against Defendant Price are DISMISSED with prejudice in accordance with the direct ives of 28 U.S.C. § 1915(e)(2)(B)(I) & (iii); 2. Plaintiffs challenge to the constitutionality of his current incarceration is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and 3. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I)-(iii). Signed by Honorable Truman M. Hobbs on 4/7/2010. (dmn)
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Filing
3
ORDER directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; 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 at the Montgomery County Detention Facility. Signed by Honorable Susan Russ Walker on 3/11/2010. (dmn)
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