Taylor v. Smithart et al (INMATE 2)

Plaintiff: Glen Taylor
Defendant: Burt Smithart, Wilbert M. Jernigan, Len Coughran and Jim Kirkland
Case Number: 2:2010cv01057
Filed: December 13, 2010
Court: Alabama Middle District Court
Office: Montgomery Office
County: Escambia
Presiding Judge: Ira De Ment
Referring Judge: Susan Russ Walker
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 30, 2011 9 Opinion or Order of the Court 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, )
December 16, 2010 3 Opinion or Order of the Court 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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Search for this case: Taylor v. Smithart et al (INMATE 2)
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Plaintiff: Glen Taylor
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Defendant: Burt Smithart
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Defendant: Wilbert M. Jernigan
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Defendant: Len Coughran
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Defendant: Jim Kirkland
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