High v. State of Mississippi et al
FINAL JUDGMENT: Ordered that the Plaintiff's claims for habeas corpus relief are dismissed without prejudice. Ordered that the Plaintiff's 1983 claims are dismissed with prejudice as frivolous and for failure to state a claim and as seeking monetary relief against a defendant who is immune from such relief pursuant to 28:1915. The dismissal counts as a strike pursuant to 28:1915(g). Signed by Chief District Judge Louis Guirola, Jr on 11/7/12. (JCH) Modified to add docket text on 11/7/2012 (JCH).
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
BILLY CHARLES HIGH
CIVIL ACTION NO. 1:12-cv-201-LG-JMR
PEARL RIVER COUNTY DISTRICT ATTORNEY, ET AL.
This cause is before the Court, sua sponte, for consideration of dismissal.
Pursuant to the Memorandum Opinion and Order issued this date and incorporated
herein by reference,
IT IS, HEREBY, ORDERED AND ADJUDGED that Plaintiff’s claims for
habeas corpus relief are DISMISSED WITHOUT PREJUDICE.
IT IS, FURTHER ORDERED AND ADJUDGED that Plaintiff’s § 1983
claims are DISMISSED WITH PREJUDICE as frivolous and for failure to state a
claim and as seeking monetary relief against a defendant who is immune from such
relief pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii). This dismissal counts as
a strike pursuant to 28 U.S.C. 1915(g).
SO ORDERED AND ADJUDGED this the 7th day of November, 2012.
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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