Twyman v. Thomas et al (INMATE 1)

Filing 11

ORDER denying 7 motion to proceed with complaint, as further set out. Signed by Honorable Judge Charles S. Coody on 3/14/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION
ROBERT TWYMAN, JR., #147435,
Plaintiff,
v.

KIM TOBIAS THOMAS, et al.,

Defendants.

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CIVIL ACTION NO. 2:14-CV-10-TMH
[WO]

ORDER ON MOTION
Upon consideration of the motion to proceed with complaint filed by the plaintiff on
March 13, 2014 (Doc. No. 7), and as this case was previously dismissed for the plaintiff's
failure to pay the $350 filing fee upon initiation of the case as required by the provisions of
28 U.S.C. § 1915(g), it is
ORDERED that the motion to proceed with complaint be and is hereby DENIED.1
Done this 14th day of March, 2014.

/s/ Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

1

In dismissing the case, the court advised Twyman that his claims did not appear to entitle him to relief as state
law governs credit allowed on a sentence for time served on parole and such law forbade him credit from the 1998
declaration of delinquency by the Alabama Board of Pardons and Paroles until his rearrest as a delinquent parolee in
March of 2004. Recommendation of the Magistrate Judge - Doc. No. 3 at 2, n.2. The court further advised Twyman
that "even were he to submit the requisite filing fee, well established law would prohibit this court from considering
challenges to the duration of his confinement in this 42 U.S.C. § 1983 [action] as habeas corpus is the exclusive remedy
for such claims." Id. at 4, n.4.