Berry v. Anderson et al (INMATE 1)
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,
LARRY ANDERSON, et al.,
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit contending that the defendants--a
rights at his sentencing.
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
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
with one adjustment: to the extent plaintiff raises a
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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