Bailey v. Hendrickson et al (INMATE 2)
Filing
6
OPINION and ORDER ADOPTING 5 REPORT AND RECOMMENDATION of the Magistrate Judge as follows: (1) Plf's 1983 claims in II(A), II(B), and II(G)(ii) are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii); (2) Plf's 1983 claims in II(C), II(E), II(F), & II(G)(i) and (iii), and II(H) are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii);(3) Plf's 1983 claims challenging events which occurred on or before 12/22/2004 (see II(D)), are DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i) as Plf failed to file the complaint regarding this allegation within the time prescribed by the applicable statute of limitations; (4) Plf's 1983 complaint, to the extent it challenges to the co nstitutionality of the convictions and/or sentences on which he is incarcerated (see II(I)), are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and (5) Plf's supplemental state law claims (see II(J)) are DISMISSED without prejudice; (6) This case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(iiii).. Signed by Honorable Judge Emily C. Marks on 11/7/18. (djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JAMES W. BAILEY, #200 587,
Plaintiff,
v.
ALLEN HENDRICKSON, et al.,
Defendants.
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)
)
)
) CIVIL ACTION NO. 1:18-CV-543-ECM
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[WO]
)
)
)
OPINION and ORDER
Before the court is the Recommendation of the Magistrate Judge entered September
24, 2018. (Doc. # 5). There being no timely objections filed to the Recommendation, and
based on an independent review of the record, the Recommendation of the Magistrate
Judge (doc. # 5) is ADOPTED and it is ORDERED as follows:
1. Plaintiff’s § 1983 claims in ¶¶ II(A), II(B), and II(G)(ii) are DISMISSED with
prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii);
2. Plaintiff’s § 1983 claims in ¶¶ II(C), II(E), II(F), & II(G)(i) and (iii), and II(H)
are DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii);
3. Plaintiff’s § 1983 claims challenging events which occurred on or before
December 22, 2004 (see ¶ II(D)), are DISMISSED with prejudice under 28 U.S.C. §
1915(e)(2)(B)(i) as Plaintiff failed to file the complaint regarding this allegation within the
time prescribed by the applicable statute of limitations;
4. Plaintiff’s § 1983 complaint, to the extent it challenges to the constitutionality of
the convictions and/or sentences on which he is incarcerated (see ¶ II(I)), are DISMISSED
without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly
before the court at this time; and
5. Plaintiff’s supplemental state law claims (see ¶ II(J)) are DISMISSED without
prejudice.
6. This case is DISMISSED prior to service of process under 28 U.S.C. §
1915(e)(2)(B)(i–iii).
A Final Judgment will be entered separately.
DONE this 7th day of November, 2018.
/s/ Emily C. Marks
EMILY C. MARKS
UNITED STATES DISTRICT JUDGE
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