Johnson v. Torbert (INMATE 2)

Filing 6

ORDER denying 5 Motion for Money to be Reimbursed and Compensable . Signed by Judge Wallace Capel Jr. on 1/31/2007. (cb, )

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Johnson v. Torbert (INMATE 2) Doc. 6 Case 3:07-cv-00057-WHA-WC Document 6 Filed 01/31/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION _____________________________ D E N N IS J. JOHNSON P l a in tif f , v. M J R . CARRY TORBERT D e f e n d a n t. _____________________________ * * * * * 3:07-CV-57-WHA (WO) O R D E R ON MOTION B e f o re the court is a pleading filed by Plaintiff captioned as a Motion for Money to b e Reimbursed and Compensable. He complains that "Defendant Lt. Corey Welch," froze m o n e y in his inmate account in order to cover a work release check that was never reported o r turned in. Plaintiff complains that such action is illegal and requests the return of his m o n e y as well as damages to compensate him for pain and suffering. A review of the complaint shows that Lt. Welch is not a defendant to this cause of a c tio n . Further, the matter made the subject of the pending motion is unrelated to the a lle g a tio n s contained in the complaint against the sole defendant in the pending case, i.e., C a ry Torbert. Thus, the court finds that the instant motion is due to be denied. Plaintiff is f re e , however, to file a separate civil action challenging the constitutionality of the conduct a n d /o r actions he attributes to Lt. Welch. Case 3:07-cv-00057-WHA-WC Document 6 Filed 01/31/2007 Page 2 of 3 A c c o r d in g ly, it is ORDERED that the motion for money to be reimbursed and compensable (Doc. No. 5 ) be and is hereby DENIED. Done, this 31 st day of January 2007. /s/ Wallace Capel, Jr. W A L L A C E CAPEL, JR. U N IT E D STATES MAGISTRATE JUDGE 2 Case 3:07-cv-00057-WHA-WC Document 6 Filed 01/31/2007 Page 3 of 3 3

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