Lynch v. Newsome et al (INMATE 1)
| McArthur Lynch, Jr. |
| Mary Craig, William Dillard, Jeanine Hineman, James D Bailey, Margaret A Farrington, Chris May and Amy Newsome |
| 3:2020cv00375 |
| June 4, 2020 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 14
JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: 1) The U.S. Magistrate Judge's #12 recommendation is adopted; 2) Plf's claims challenging actions which occurred and conditions to which he was subjected at the Randolph County Jail in 2012 and any claim regarding an incident with dft Chris May in 1997 are dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations; 3) Plf's claims against dft Amy Newsome for actions which occurred during state criminal proceedings before the Circuit Court of Randolph County, Alabama are dismissed with prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii) and (iii); 4) Plf's claims against dfts Mary Craig and Gregory M. Varner for legal representation provided during state criminal proceedings before the Circuit Court of Randolph County, Alabama and the Alabama Court Criminal Appeals, respectively, are dismissed with prejudice as directed by 28 USC 1915(e)(2)(B)(i); 5) Plf's claims for damages from witnesses at his trial for the provision of alleged false testimony are dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(ii) and (iii) as this claim entitles him to no relief under 1983; 6) Plf's claims which go to the fundamental legality of the convictions and sentences imposed upon him in November of 2012 by the Circuit Court of Randolph County, Alabama are dismissed without prejudice under 28 USC 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action; 7) To the extent plf raised any claims under state law, the court declines to exercise jurisdiction over those claims, and they are dismissed without prejudice; No costs are 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 7/8/2020. (Attachments: #1 Civil Appeals Checklist)(amf, )
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| Filing 13 OPINION. Signed by Honorable Judge Myron H. Thompson on 7/8/2020. (amf, ) |
| No objections filed to the #12 Recommendation. (No pdf attached to this entry) (cwl, ) |
| Filing 12 RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The plf's claims challenging actions which occurred and conditions to which he was subjected at the Randolph County Jail in 2012 and any claim regarding an incident with def Chris May in 1997 be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) as these claims are barred by the applicable statute of limitations. 2) The plf's claims against Amy Newsome for actions which occurred during state criminal proceedings before the Circuit Court of Randolph County, Alabama be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) and (iii). 3) The plf's claims against Mary Craig and Gregory M. Varner for legal representation provided during state criminal proceedings before the Circuit Court of Randolph County, Alabama and the Alabama Court Criminal Appeals, respectively, be DISMISSED with prejudice as directed by 28 U.S.C. 1915(e)(2)(B)(i). 4) The plf's claim for damages from witnesses at his trial for the provision of alleged false testimony be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii) and (iii) as this claim entitles him to no relief. 5) The plf's claims which go to the fundamental legality of the convictions and sentences imposed upon him in November of 2012 by the Circuit Court of Randolph County, Alabama be dismissed without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims provide no basis for relief in the instant cause of action. 6) This case be dismissed prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii); Objections to R&R due by 6/22/2020. Signed by Honorable Judge Charles S. Coody on 6/8/2020. (cwl, ) |
| Filing 11 Case transferred in from District of Alabama Northern; Case Number 4:19-cv-00871. Original file certified copy of transfer order and docket sheet received. |
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Filing 10
ORDER transferring case to another district: ORDER transferring case to the District of Middle Alabama; original electronic record and certified copy of docket entries will be mailed to Clerk of Court 10 business days from this date.. Signed by Judge R David Proctor on 6/4/2020. (KAM) [Transferred from alnd on 6/4/2020.]
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| Filing 9 REPORT AND RECOMMENDATION that #1 Complaint filed by McArthur Lynch, Jr be TRANSFERRED to the Middle District of Alabama; Objections to R&R due by 5/24/2020. Signed by Magistrate Judge Staci G Cornelius on 5/11/2020. (KAM) [Transferred from alnd on 6/4/2020.] |
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Filing 8
ORDER directing the Clerk to revise the docket sheet to reflect the plaintiff's current address. Signed by Magistrate Judge Staci G. Cornelius on 5/11/2020. (KAM) Modified on 5/11/2020 (KAM, ). [Transferred from alnd on 6/4/2020.]
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Filing 7
ORDER denying without prejudice #5 Motion to Appoint Counsel. Signed by Magistrate Judge Staci G Cornelius on 6/21/2019. (KAM) [Transferred from alnd on 6/4/2020.]
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Filing 6
ORDER that the court having received prisoner consent form the Warden is directed to deduct Monthly Payments from Prison Account of McArthur Lynch, Jr. Signed by Magistrate Judge Staci G Cornelius on 6/21/2019. (KAM) [Transferred from alnd on 6/4/2020.]
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| Filing 5 MOTION to Appoint Counsel by McArthur Lynch, Jr. (KAM) [Transferred from alnd on 6/4/2020.] |
| Filing 4 PRISONER CONSENT FORM filed by McArthur Lynch, Jr. (KAM) [Transferred from alnd on 6/4/2020.] |
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Filing 3
ORDER terming motion or declaration for leave to proceed in forma pauperis, plaintiff is not required to pay a partial filing fee, plaintiff is required to return signed attached consent form within 30 days. Signed by Magistrate Judge Staci G Cornelius on 6/7/2019. (KAM) [Transferred from alnd on 6/4/2020.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by McArthur Lynch, Jr. (KAM) [Transferred from alnd on 6/4/2020.] |
| Filing 1 INMATE 1983 COMPLAINT against James D Bailey, Mary Craig, William Dillard, Margaret A Farrington, Jeanine Hineman, Chris May, Amy Newsome, filed by McArthur Lynch, Jr.(KAM) [Transferred from alnd on 6/4/2020.] Modified on 6/4/2020 to edit text to read as INMATE 1983 COMPLAINT (qc/djy, ). |
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