Bennett v. The State of Alabama et al (INMATE 1)
| Pedro G. Bennett |
| The State of Alabama and Randall V. Houston |
| 2:2018cv00812 |
| September 20, 2018 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Partial Filing fee received: $ 4.00, receipt number 4602051309. (alm, ) |
| Filing 7 Partial Filing fee received: $ 6.00, receipt number 4602051308. (alm, ) |
Filing 6
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: 1) The U.S. Magistrate Judge's #4 recommendation is adopted; 2) Plf's claims against dft State of Alabama and his request for criminal prosecution of dft Randall V. Houston are dismissed with prejudice; 3) The remainder of the case is dismissed without prejudice, with no costs taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 10/16/2018. (Attachments: #1 Civil Appeals Checklist)(alm, )
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| Filing 5 OPINION. Signed by Honorable Judge Myron H. Thompson on 10/16/2018. (alm, ) |
| No objections filed to the #4 Recommendation. (No pdf attached to this entry) (alm, ) |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the Recommendation of the Magistrate Judge that: 1) The plf's libel/defamation claim brought as a constitutional violation under 42 USC 1983 be dismissed with prejudice in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 2) The plf's request for criminal prosecution of dft Houston be dismissed with prejudice pursuant to the directives of 28 USC 1915(e)(2)(B)(i); 3) The plf's claims against the State of Alabama and District Attorney Randall V. Houston for alleged violations of his constitutional rights be dismissed with prejudice as directed by 28 USC 1915(e)(2)(B)(i); 4) The plf's supplemental state tort claim of libel/defamation be dismissed without prejudice to any right the plf may have to proceed on this claim before the state courts; 5) This case be summarily dismissed; Objections to R&R due by 10/10/2018. Signed by Honorable Judge Charles S. Coody on 9/26/2018. (alm, ) |
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Filing 3
ORDER ON MOTION: ORDER granting #2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plf and account clerk at Elmore County Jail. Signed by Honorable Judge Charles S. Coody on 9/25/2018. (Furnished: Cashier via email on 11/6/18) (alm, ) Modified on 11/6/2018 (alm, ).
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by Pedro G. Bennett. (kr, ) |
| Filing 1 Inmate 1983 COMPLAINT against Randall V. Houston, The State of Alabama, filed by Pedro G. Bennett.(kr, ) |
| DEMAND for Trial by Jury by Pedro G. Bennett. (No PDF for this entry-See docket entry #1 ) (kr, ) |
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