Jarrell v. Moulton (INMATE 2)

Filing 5

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/7/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

GEORGE EDWARD JARRELL,

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)
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)
)
)
)
)
)

Plaintiff,
v.
KEVIN MOULTON,
Defendant.

CIVIL ACTION NO.
1:16cv65-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit naming as defendant the judge in his
pending

state-court

criminal

case,

challenging

the

constitutionality of several of the judge’s decisions,
and seeking damages and dismissal of the criminal case.
This

lawsuit

is

now

before

the

court

on

the

recommendation of the United States Magistrate Judge
that

plaintiff’s

§

1983

claims

be

dismissed

with

prejudice, with the exception of plaintiff’s request
for

declaratory

recommends

be

relief,
dismissed

which

the

without

magistrate

prejudice

so

judge
that

plaintiff may pursue his claims in the state courts.

There are no objections to the recommendation.

After

an independent and de novo review of the record, the
court

concludes

that

the

magistrate

judge’s

recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 7th day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE