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, )
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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