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).

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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

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