Smith v. The Jackson Police Department et al
| Michael Devell Smith |
| The Jackson Police Department, William Waples, Chief of the JPD Unknown, Unknown Wells and U.S. Marshal Services |
| 3:2010cv00038 |
| January 19, 2010 |
| US District Court for the Southern District of Mississippi |
| Jackson Office |
| Yazoo |
| James C. Sumner |
| Daniel P. Jordan |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
26
ORDER terminating 9 Motion to Amend/Correct 1 Complaint; terminating 10 Motion for Disclosure; terminating 10 Motion for Discovery; terminating 11 Motion for Extension of Time for Response; terminating 13 Motion to Amend/Correct 1 Compl aint; terminating 14 Motion to Dismiss; terminating 17 Motion to Amend/Correct; terminating 22 Motion to Amend/Correct 1 Complaint. As set out in the order, Plaintiff's claims are not cognizable under 42 U.S.C. § 1983 at this time. To the extent Plaintiff seeks monetary damages, Plaintiff's claims are dismissed with prejudice to their being asserted again until the Heck conditions are met. Plaintiff's claims regarding property deprivation are dismissed with prejudi ce for failure to state a claim for which relief may be granted. And to the extent Plaintiff is requesting release from custody, his claims are not properly pursued in a § 1983 action. Thus, any habeas corpus claims Plaintiff may be asserting in this complaint are dismissed without prejudice. Lastly, Plaintiff's claims relating to his assault are dismissed without prejudice. All pending motions are hereby terminated. A judgment will be entered in a separate docket entry to follow. Signed by District Judge Daniel P. Jordan III on October 5, 2010. (SP)
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