Davis v. Goforth et al
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|Date Filed||#||Document Text|
|December 21, 2010
ORDER adopting Report and Recommendations re 24 Report and Recommendation.. See order as more fully set out. Signed by Honorable Stephen P. Friot on 12/21/2010. (kr, )
|November 30, 2010
REPORT AND RECOMMENDATION re 5 Complaint filed by Maurice Delane Davis. It is recommended that Plaintiffs Bivens complaint be dismissed without prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 67; 1915(e)(2) and 1915A(b)(1). It is further recommended that the paper labeled as a Writ of Mandamus/or and Otherwise Motion to Execute Sentence in the Plight of a Binding Liberty Interest and appended to the complaint be sticken and that Plaintiff be advised that if he wishes to pursue a claim based on the allegations in the paper, he must do so through a separate action. Objections to R&R due by 12/20/2010. This Report and Recommendation disposes of all issues referred to the undersignedMagistrate Judge in the captioned matter. Signed by Magistrate Judge Bana Roberts on 11/30/10. (jw, )
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