Taylor v. Smithart et al (INMATE 2)
| Glen Taylor |
| Burt Smithart, Wilbert M. Jernigan, Len Coughran and Jim Kirkland |
| 2:2010cv01057 |
| December 13, 2010 |
| U.S. District Court for the Middle District of Alabama |
| Montgomery Office |
| Escambia |
| Ira De Ment |
| Susan Russ Walker |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
9
ORDER; 1. Petitioner's objections 6 and 8 be and the same are hereby OVERRULED; 2. The recommendations of the Magistrate Judge 5 and 7 be and the same are hereby ADOPTED, APPROVED and AFFIRMED; 3. Plaintiff's 42 U.S.C. § 1983 c omplaint against the named defendants be and the same is hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); 4. Plaintiff's challenge to the constitutionality of his current incarceration be and the same is hereby DISMISSED without prejudice as further set out in order; 5. Plaintiff's complaint, to the extent it may be construed as a writ of mandamus, be and the same is hereby DISMISSED for lack of jurisdiction; 6. Plaintiffs ac tion, to the extent it is considered a complaint for declaratory judgment pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, be and the same is hereby DENIED pursuant to the provisions of 28 U.S.C. § 1915(e)(2 )(B)(i)-(ii) and DISMISSED prior to service of process; and 7. This case be and the same is hereby 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 Ira De Ment on 3/30/2011. (jg, )
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Filing
3
ORDER directing payment of initial partial filing fee of $1.33 be paid on or before 1/6/2011; 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 Fountain Correctional Facility. Signed by Honorable Susan Russ Walker on 12/16/2010. (wcl, )
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