Jarrell v. Lewis (INMATE 1)

Filing 5

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

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