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- almd;;1:16-cv-00850_de8 RegisterActionDate "2016-12-01" @default.
- almd;;1:16-cv-00850_de8 RegisterActionDescriptionText "RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The plaintiffs claims against Judge Larry Anderson and District Attorney Doug Valeska for declaratory and injunctive relief with respect to sentencing orders issued in criminalproceedings before the Circuit Court of Houston County, Alabama be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i).2. The plaintiffs claims against Judge Larry Anderson and District Attorney Doug Valeska for monetary damages be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(iii). 3. The plaintiffs claims against Dustin Byrd be dismissed with prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i). 4. The plaintiffs challenges to the constitutionality of the sentences imposed upon him by the Circuit Court of Houston County, Alabama on December 3, 2013 for three counts of distribution of a controlled substance and his resulting incarceration on these sentences be dismissed without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court in this cause of action. 5. This case be dismissed prior to service of process in accordance with the directives of28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). Objections to R&R due by 12/16/2016. Signed by Honorable Judge Terry F. Moorer on 12/1/2016. (dmn, ) (Entered: 12/01/2016)" @default.
- almd;;1:16-cv-00850_de8 AdministrativeID "7" @default.