Howard v. Weller, et al (INMATE 2)
||Damien Sharell Howard
||Julia Jordan Weller, Honorable Bolin, Honorable Main, Honorable Murdock, Honorable Shaw, Honorable JJ, Honorable Bryan, Scott P. Taylor and Mary B. Windom
||August 5, 2016
||US District Court for the Middle District of Alabama
||Gray M. Borden
||William Keith Watkins
|Nature of Suit:
||Mandamus and Other
|Cause of Action:
|Jury Demanded By:
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|April 13, 2017
ORDER as follows: 1. The 10 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's 1983 complaint against Defendants Taylor, Windom, Main, Shaw, Bryan, Bolin, and Murdock is DISMISSED with prejudice prior to service of process unde r 28 U.S.C. 1915(e)(2)(B)(i) & (iii); 3. To the extent Plaintiffs claims seek to challenge the constitutionality of the conviction and sentence imposed upon him by the Circuit Court for Baldwin County, Alabama, such claims are DISMISSED without preju dice under 28 U.S.C. 1915(e)(2)(B)(ii) as they are not properly before the court at this time; 4. Plaintiffs § 1983 complaint against Defendant Weller is DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); and 5. This complaint is DISMISSED prior to service of process. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/13/2017. (dmn, )
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