Holloway v. Chambers County Courts (INMATE 2)

Filing 8

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's 4 Objections are overruled. (2) The United States Magistrate Judge's 3 Recommendation is adopted. (3) Plaintiffs claims against defendant Chamb ers County Courts are dismissed with prejudice as the court is not a proper defendant under 41 U.S.C. 1983. (4) Plaintiffs challenge to the validity of his current confinement and plaintiffs request for declaratory and/or injunctive relief regardi ng pending state criminal proceedings are dismissed without prejudice. It is further ordered that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Judge Myron H. Thompson on 6/29/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION JAMES M. HOLLOWAY, JR., ) ) ) ) ) ) ) ) ) Plaintiff, v. CHAMBERS COUNTY COURTS, Defendant. CIVIL ACTION NO. 3:17cv180-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's objections (doc. no. 4) are overruled. (2) The United States Magistrate Judge's recommendation (doc. no. 3) is adopted. (3) Plaintiff’s claims against defendant Chambers County Courts are dismissed with prejudice as the court is not a proper defendant under 41 U.S.C. § 1983. (4) Plaintiff’s challenge to the validity of his current confinement and plaintiff’s request for declaratory and/or injunctive relief regarding pending state criminal proceedings are dismissed without prejudice. It is further ordered that costs are taxed against plaintiff, for which execution may issue. 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 29th day of June, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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