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,

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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