Kelly v. State of Mississippi

Filing 18

FINAL JUDGMENT: Ordered that Plaintiff Lando Calrissian Kellys claims challenging his sentence calculation are DISMISSED WITH PREJUDICE until the Heck conditions are met, on grounds that the § 1983 claims are legally frivolous and fail to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). In addition, or in the alternative, the claim against the State of Mississippi is DISMISSED WITH PREJUDICE because this Defendant is immune. Signed by District Judge Halil S. Ozerden on 3/7/16. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
LANDO CALRISSIAN KELLY
VERSUS

PLAINTIFF
CIVIL ACTION NO. 1:15-cv-72-HSO-JCG

STATE OF MISSISSIPPI

DEFENDANT
FINAL JUDGMENT

This matter is before the Court sua sponte. The Court, after a full review and
consideration of the record in this case and relevant legal authority finds that in
accordance with its Memorandum Opinion and Order entered herewith,
IT IS, THEREFORE, ORDERED AND ADJUDGED, that Plaintiff Lando
Calrissian Kelly’s 42 U.S.C. § 1983 claims challenging his sentence calculation are
DISMISSED WITH PREJUDICE until the Heck conditions are met, on grounds
that the § 1983 claims are legally frivolous and fail to state a claim pursuant to 28
U.S.C. § 1915(e)(2)(B)(i) and (ii). In addition, or in the alternative, the claim
against the State of Mississippi is DISMISSED WITH PREJUDICE because this
Defendant is immune.
SO ORDERED, this the 7th day of March, 2016.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE