Willingham v. Harrison County

Filing 12

FINAL JUDGMENT: Ordered that Willingham's 1983 civil action is dismissed with prejudice and the habeas claims are dismissed without prejudice for this Court's lack of jurisdiction. Ordered that this dismissal counts as a "strike". Signed by District Judge Louis Guirola, Jr on 6/19/18. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DONOVAN JAMAL WILLINGHAM, #171494
v.

PLAINTIFF

CAUSE NO. 1:17-cv-333-LG-RHW

HARRISON COUNTY

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 authorities, finds that
in accord with its Memorandum Opinion and Order Dismissing Plaintiff’s
Complaint entered herewith,
IT IS, THEREFORE, ORDERED AND ADJUDGED, that Willingham’s
§ 1983 civil action is dismissed with prejudice until the Heck conditions are met, on
grounds that the § 1983 claims are legally frivolous pursuant to 28 U.S.C.
§ 1915 (e)(2)(B)(i), and Willingham’s habeas claims are dismissed without prejudice
for this Court’s lack of jurisdiction pursuant to 28 U.S.C. § 2244(b)(3)(A).
IT IS, FURTHER, ORDERED AND ADJUDGED, that this dismissal
counts as a “strike” under the Prison Litigation Reform Act. See 28 U.S.C.
§ 1915(g).
SO ORDERED AND ADJUDGED this the 19th day of June, 2018.
s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
UNITED STATES DISTRICT JUDGE