Jarrell v. Lewis (INMATE 1)

Filing 5

OPINION. Signed by Honorable Judge Myron H. Thompson on 3/31/2016. (kh, )

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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. JUDGE BEN LEWIS, Defendant. CIVIL ACTION NO. 1:16cv107-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate in a county jail, filed this lawsuit against a statecourt criminal judge challenging the constitutionality of several of the judge’s decisions and actions, and seeking damages and declaratory relief. This lawsuit is now before the court on the recommendation of the United seeking orders States Magistrate declaratory and accordance actions with Judge relief be the that from dismissed directives (1) the with of the state claims court’s prejudice 28 U.S.C. in § 1915(e)(2)(B)(i); (2) the claims for monetary damages against defendant be dismissed with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(iii); (3) the plaintiff's request for declaratory relief that would necessarily into the dismissed entail pending without intervention state criminal prejudice in by this court proceedings accordance with be the Younger abstention doctrine so that the plaintiff may pursue his claims in the state courts; and (4) this case be dismissed prior to service. objections to the recommendation. There are no After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted, except that all of plaintiff’s requests for declaratory relief shall be dismissed without prejudice. An appropriate judgment will be entered. DONE, this the 31st day of March, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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