Nelson v. Epps et al, No. 3:2009cv00059 - Document 9 (S.D. Miss. 2009)
Court Description: FINAL JUDGMENT Signed by District Judge Henry T. Wingate on 6/18/09 (JKM)
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Nelson v. Epps et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION DARYAL THOMAS NELSON, JR., #6781 VERSUS PLAINTIFF CIVIL ACTION NO. 3:09cv59-HTW-LRA MR. CHRISTOPHER EPPS, MRS. MARYLIN PHILPOT, MR. FRANKLIN BREWER and MRS. ALICIA BOX DEFENDANTS FINAL JUDGMENT This cause is before the Court, sua sponte, for consideration of dismissal. Pursuant to the memorandum opinion and order issued this day, it is hereby, ORDERED AND ADJUDGED that the Plaintiff's claim pursuant to 42 U.S.C. § 1983 is dismissed with prejudice for failure to state a claim, see 28 U.S.C. § 1915(e)(2)(B)(ii), counting said dismissal as a strike in accordance with 28 U.S.C. § 1915(g), and without prejudice as to habeas claim relating to the calculation of his sentence. This the 18th day of June, 2009. s/ HENRY T. WINGATE CHIEF UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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