Bailey v. Kemp

Filing 7

FINAL JUDGMENT: Petitioner's request for habeas relief are denied and dismissed with prejudice without an evidentiary hearing. Petitioner's claims relating to the denial of medical care and other conditions of confinment are dismissed without prejudice so that the petitioner may pursue those claims in a separate civil action filed pursuant to 42 U.S.C. Section 1983. Signed by District Judge Tom S. Lee on 2/3/09. (RRL)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION GARY L. BAILEY VERSUS TODD KEMP FINAL JUDGMENT This cause is before the court, sua sponte, for consideration of dismissal. Pursuant to the memorandum opinion PETITIONER CIVIL ACTION NO. 4:09cv7-TSL-LRA RESPONDENT

and order issued this day, it is hereby, ORDERED AND ADJUDGED that the petitioner's request for habeas relief be denied and dismissed with prejudice without an evidentiary hearing. IT IS FURTHER ORDERED AND ADJUDGED that petitioner's claims relating to the denial of medical care and other conditions of confinement be dismissed without prejudice so that the petitioner may pursue those claims in a separate civil action filed pursuant to 42 U.S.C. § 1983. This the 3rd day of February, 2009.

/S/ TOM S. LEE UNITED STATES DISTRICT JUDGE