Jarrell v. Smith (INMATE 1)

Filing 6

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

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION GEORGE EDWARD JARRELL, ) ) ) ) ) ) ) ) ) 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

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