Naylor v. M.D.O.C., No. 1:2018cv00225 - Document 10 (S.D. Miss. 2018)

Court Description: FINAL JUDGMENT: Ordered that the 1983 claims are dismissed with prejudice as frivolous and for failure to state a claim. Ordered that the habeas corpus claims that Plaintiff may be asserting in this 1983 case are dismissed without prejudice. Signed by District Judge Louis Guirola, Jr on 10/24/18. (JCH)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION CHARLES EDWARD NAYLOR, #09902 PLAINTIFF v. CAUSE NO. 1:18-cv-225-LG-RHW MDOC, MICHELLE HOLLOWAY, ANGIE HOLLOWAY, JOSEPH ROBERT 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 and incorporated herein by reference, IT IS, HEREBY, ORDERED AND ADJUDGED that, Naylor’s § 1983 claims are DISMISSED WITH PREJUDICE as frivolous and for failure to state a claim pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i)-(ii). IT IS, FURTHER, ORDERED AND ADJUDGED that, any habeas corpus claims Naylor may be asserting in this § 1983 case are DISMISSED WITHOUT PREJUDICE. SO ORDERED AND ADJUDGED this the 24th day of October, 2018. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE

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