Roop v. Itawamba County et al

Filing 33

ORDER dismissing 16 Motion for Release from Prison for Release; dismissing 18 Motion for Release; dismissing 24 Motion for immediate release; directing Clerk to provide plaintiff with a proper 2254 form and IFP form. Signed by Magistrate Judge Jane M. Virden on 9/11/17. (jla) Modified on 9/11/2017 (jla).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MILFORD LEE ROOP

PLAINTIFF

v.

No. 1:17CV24-NBB-JMV

ITAWAMBA COUNTY
CHRIS DICKINSON
ITAWAMBA COUNTY JAIL JAILERS

DEFENDANTS

ORDER DIRECTING CLERK TO
OPEN A HABEAS CORPUS CASE WITH
DOCUMENTS [16], [18] [24]
This matter comes before the court on the motions [16], [18], [24] by Milford Lee Roop, who
challenges the conditions of his confinement under 42 U.S.C. § 1983. In three motions [16], [18], [24],
he alleges various violations to his civil rights as a prisoner, as well as irregularities regarding his
prosecution and requests for parole – and seeks immediate release from incarceration and damages
against the various defendants. As this case contains elements of both a prisoner civil rights suit under
42 U.S.C. § 1983 and a habeas corpus petition under 28 U.S.C. § 2254, the court will permit it to
proceed – as separate suits – in both ways. As such, the Clerk of the Court is DIRECTED to open a
separate case under 28 U.S.C. § 2254 on the court’s docket using motions [16], [18], and [24] in the
instant case. In addition, the Clerk of the Court is DIRECTED to provide the plaintiff with the proper
form for initiating a petition under § 2254, as well as a form for proceeding in forma pauperis in the
new case. The instant motions [16], [18], and [24] are thus DISMISSED in the instant case. The
plaintiff must return a completed copy of those forms within 30 days from the date of this order.
SO ORDERED, this, the 11th day of September, 2017.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE