Milner v. Tallapoosa County Jail et al (INMATE2)
||Blake Jennings and Jimmy Abbett
||February 21, 2007
||US District Court for the Middle District of Alabama
||W. Harold Albritton
||Susan Russ Walker
|Nature of Suit:
||Habeas Corpus (Prison Condition)
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|December 2, 2008
REPORT AND RECOMMENDATIONS re 11 MOTION for Summary Judgment filed by Jimmy Abbett, Blake Jennings; it is the Recommendation of the Mag Judge that: 1) Dfts' motion for summary judgment be granted to the extent that Dfts seek dismissal of this case due to Plaintiff's failure to exhaust an administrative remedy; 2) This case be dismissed without prejudice in accordance with the provisions of 42 USC 1997e(a). Woodford v. Ngo,_U.S._,126 S.Ct.2378(2006); and 3) No costs be taxed herein; Objections to R&R due by 12/15/2008. Signed by Honorable Susan Russ Walker on 12/2/08. (vma, )
|February 23, 2007
REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Cornelius Milner, that Plaintiff's claims against the Tallapoosa County Jail be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e) (2)(B)(i), and that this party be dismissed as a defendant to the complaint. It is further the Recommendation of the Magistrate Judge that this case with respect to the remaining defendants be referred back to the undersigned for additional proceedings. Objections to R&R due by 3/8/2007. Signed by Judge Susan Russ Walker on 2/23/2007. (dmn)
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