Brinker v. Sims et al, No. 1:2013cv00582 - Document 13 (S.D. Miss. 2014)
Court Description: FINAL JUDGMENT: Ordered that Plaintiff's habeas corpus claims are dismissed without prejudice; and that Plaintiff's 1983 claims are dismissed with prejudice as legally frivolous and for failure to state a claim. This dismissal will count as a strike. Signed by District Judge Keith Starrett on 6/3/14. (RLW)
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Brinker v. Sims et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JERMAINE BRINKER, #L6872 PLAINTIFF VERSUS CIVIL ACTION NO. 1:13-cv-582-KS-MTP BRENDA SIMS, ET AL. DEFENDANTS FINAL JUDGMENT This cause is before the Court, sua sponte, for consideration of dismissal. Pursuant to the Memorandum Opinion and Order issued this date, it is hereby, ORDERED AND ADJUDGED that Plaintiff’s habeas corpus claims are dismissed without prejudice. IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s § 1983 claims are dismissed with prejudice as legally frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(i) and (ii). This dismissal will count as a “strike” under the Prison Litigation Reform Act. See 28 U.S.C. § 1915(g). SO ORDERED this the 3rd day of June, 2014. s/Keith Starrett UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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