McCormick v. Barnes (INMATE 1)

Filing 12

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 10/14/2014. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

SAMUEL A. McCORMICK,
#284527,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
KATHENA BARNES,
Defendant.

CIVIL ACTION NO.
2:14cv971-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate,
filed this lawsuit against his former defense counsel’s
legal assistant for alleged fraud and misrepresentation
during state criminal proceedings by submission of a
‘waiver of arraignment’ and ‘plea of not guilty’ absent
verification of plaintiff’s signature.
now

before

the

court

on

the

This lawsuit is

recommendation

of

the

United States Magistrate Judge that plaintiff’s case be
dismissed.

Also

before

the

court

are

plaintiff’s

objections to the recommendation.

After an independent

and de novo review of the record, the court concludes
that plaintiff’s objections should be overruled and the
magistrate

judge’s

plaintiff’s

claims

recommendation
provide

no

basis

adopted.
for

relief

federal court.
An appropriate judgment will be entered.
DONE, this the 14th day of October, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

The
in