Poole v. Marshall (INMATE 1)
| David Lawrence Poole |
| Steven T. Marshall and State of Alabama |
| 2:2020cv00270 |
| April 20, 2020 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| W Harold Albritton |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 6
FINAL JUDGMENT: In accordance with the #5 order entered on this date adopting the Recommendation of the Magistrate Judge, Judgment is entered in favor of the def and against the plf and this case is summarily DISMISSED prior to service of process. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Honorable Judge W. Harold Albritton, III on 5/27/2020. (Attachments: #1 Civil Appeals Checklist)(cwl, )
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Filing 5
ORDER: it is ORDERED that: 1) The #4 Recommendation of the Magistrate Judge is ADOPTED. 2) The plf's claims attacking the fact or duration of his incarceration on the consecutive life sentences imposed for his possession of obscene matter convictions entered against him in 1990 by the Circuit Court of DeKalb County, Alabama are DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action. 3) This case is DISMISSED without prejudice prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii). A separate Final Judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 5/27/2020. (cwl, )
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| No objections filed to the #4 Recommendation. (No pdf attached to this entry) (cwl, ) |
| Filing 4 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims attacking the fact or duration of his incarceration on the consecutive life sentences imposed for his possession of obscene matter convictions entered against him in 1990 by the Circuit Court of DeKalb County, Alabama be dismissed without prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action; 2. This case be dismissed without prejudice prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii); Objections to R&R due by 5/18/2020. Signed by Honorable Judge Jerusha T. Adams on 5/1/2020. (cnw, ) |
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Filing 3
ORDER ON MOTION: 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 the Limestone Correctional Facility. Signed by Honorable Judge Jerusha T. Adams on 4/28/2020. (furn: cashier) (cnw, )
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| Filing 2 Application to Proceed Without Prepayment of Fees and Affidavit by David Lawrence Poole. (es, ) |
| Filing 1 Inmate 1983 COMPLAINT against Steven T. Marshall, filed by David Lawrence Poole.(es, ) |
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