Jarrell v. Smith (INMATE 1)

Filing 6

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

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

GEORGE EDWARD JARRELL,

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Plaintiff,
v.
TOM S. SMITH,
Defendant.

CIVIL ACTION NO.
1:16cv70-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit against his court-appointed lawyer
in a pending state-court criminal case, contending that
the lawyer has violated and continues to violate his
constitutional

rights

to

assistance of counsel.
court

on

the

due

process

and

effective

This lawsuit is now before the

recommendation

of

the

United

States

Magistrate Judge that plaintiff’s case be dismissed.
Also before the court are plaintiff’s objections to the
recommendation.
review

of

plaintiff’s

the

After

an

record,

objections

independent

the

should

court
be

and

de

novo

concludes

that

overruled

and

the

magistrate judge’s recommendation adopted, except that
the

dismissal

of

his

claim

for

damages

against

defendant will be without prejudice.
An appropriate judgment will be entered.
DONE, this the 3rd day of March, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE

2

the