Files v. Duerr et al (INMATE 1), No. 3:2020cv00387 - Document 10 (M.D. Ala. 2020)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 11/2/2020. (cwl, )

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Files v. Duerr et al (INMATE 1) Doc. 10 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION EARNEST J. FILES, JR., Plaintiff, v. JEREMY DUERR, Tallapoosa County District Attorney, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:20cv387-MHT (WO) OPINION Pursuant to 42 U.S.C. § 1983, plaintiff, a state prisoner, filed this lawsuit challenging the constitutionality of his arrests on April 13, 2010, and December 1, 2011, his imprisonment on the charges related to these arrests, the arrest warrants issued by deputy clerks of the Tallapoosa County Circuit Court as to such charges, and the actions of his attorneys, the prosecutors, and state criminal proceedings. court on Magistrate the court that during various This lawsuit is now before the recommendation Judge judges of plaintiff’s the case United be States summarily Dockets.Justia.com dismissed. There are no objections to the recommendation, although plaintiff did file an amended complaint after the magistrate judge determined that recommendation allowed the the was amended amendment alteration of the recommendation. did issued. The complaint but not require After an independent and de novo review of the record, including the amended complaint, the court concludes that the magistrate judge’s recommendation should be adopted and the case should be dismissed. An appropriate judgment will be entered. DONE, this the 2nd day of November, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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