Berry v. Anderson et al (INMATE 1)
Filing
10
OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 12/20/2016. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
JONATHAN J. BERRY,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
LARRY ANDERSON, et al.,
Defendants.
CIVIL ACTION NO.
1:16cv850-MHT
(WO)
OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit contending that the defendants--a
circuit
judge,
court-appointed
a
district
lawyer--violated
rights at his sentencing.
attorney,
his
and
a
constitutional
This lawsuit is now before
the court on the recommendation of the United States
Magistrate Judge that plaintiff’s claims for monetary,
injunctive, and declaratory relief be dismissed with
prejudice,
and
that
his
challenge
to
the
constitutionality of his sentence and incarceration be
dismissed without prejudice.
to the recommendation.
There are no objections
After an independent and de
novo review of the record, the court concludes that the
magistrate
judge’s
recommendation
should
be
adopted,
with one adjustment: to the extent plaintiff raises a
claim
under
Alabama
law
for
malpractice
against
his
former attorney, such claim will be dismissed without
prejudice and with leave to refile in state court.
An appropriate judgment will be entered.
DONE, this the 20th day of December, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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