Berry v. Anderson et al (INMATE 1), No. 1:2016cv00850 - Document 10 (M.D. Ala. 2016)

Court Description: OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 12/20/2016. (dmn, )
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Berry v. Anderson et al (INMATE 1) Doc. 10 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION JONATHAN J. BERRY, ) ) ) ) ) ) ) ) ) Plaintiff, v. LARRY ANDERSON, et al., Defendants. CIVIL ACTION NO. 1:16cv850-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, an inmate, filed this lawsuit contending that the defendants--a circuit judge, court-appointed a district lawyer--violated rights at his sentencing. attorney, his and a constitutional This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff’s claims for monetary, injunctive, and declaratory relief be dismissed with prejudice, and that his challenge to the constitutionality of his sentence and incarceration be dismissed without prejudice. to the recommendation. There are no objections After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted, with one adjustment: to the extent plaintiff raises a claim under Alabama law for malpractice against his former attorney, such claim will be dismissed without prejudice and with leave to refile in state court. An appropriate judgment will be entered. DONE, this the 20th day of December, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE