Kelly v. State of Mississippi, No. 1:2015cv00072 - Document 18 (S.D. Miss. 2016)
Court Description: 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)
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Kelly v. State of Mississippi Doc. 18 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 Dockets.Justia.com
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