Berry v. Anderson et al (INMATE 1)

Filing 11

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 7 ) is adopted with the adjustment noted in the opinion. (2) Plaintiff Jonathan J. Berrys claims pursuant to 42 U.S.C. 1983 against defendants Larry Anderson and Doug Valeska for monetary, injunctive, and declaratory relief are dismissed with prejudice. (3) Plaintiff Berrys claims pursuant to 42 U.S.C. 1983 against defendant Dustin Byrd are dismissed wi th prejudice; however, to the extent plaintiff Berry makes a claim against defendant Byrd under Alabama law for malpractice, that claim is dismissed without prejudice, with leave to refile in state court. (4) Plaintiff Berrys challenges to the consti tutionality of the sentences imposed upon him by the Circuit Court of Houston County, Alabama on12/3/2013, and to his incarceration on these sentences are dismissed without prejudice. (5) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58.This case is closed. Signed by Honorable Judge Myron H. Thompson on 12/20/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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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) JUDGMENT In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United recommendation (doc. States no. 7) Magistrate is adopted Judge's with the adjustment noted in the opinion. (2) Plaintiff Jonathan J. Berry’s claims pursuant to 42 U.S.C. § 1983 against defendants Larry Anderson and Doug Valeska for monetary, injunctive, and declaratory relief are dismissed with prejudice. (3) Plaintiff Berry’s claims pursuant to 42 U.S.C. § 1983 against defendant Dustin Byrd are dismissed with prejudice; however, to the extent plaintiff Berry makes a claim against defendant Byrd under Alabama law for malpractice, that claim is dismissed without prejudice, with leave to refile in state court. (4) Plaintiff Berry’s challenges to the constitutionality of the sentences imposed upon him by the Circuit Court of Houston County, Alabama on December 3, 2013, and to his incarceration on these sentences are dismissed without prejudice. (5) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil pursuant to Rule 58 of docket the as a Federal final Rules judgment of Civil Procedure. This case is closed. DONE, this the 20th day of December, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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