Brooks v. Smith et al, No. 4:2008cv00145 - Document 9 (S.D. Miss. 2009)
Court Description: FINAL JUDGMENT dismissing this case. Signed by District Judge Tom S. Lee on 5/28/09.(RRL)
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Brooks v. Smith et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JOE LOUIS BROOKS, #83462 PLAINTIFF VERSUS CIVIL ACTION NO. 4:08-cv-145-TSL-LRA MAYOR JOHN ROBERT SMITH, et al. DEFENDANTS FINAL JUDGMENT This cause is before the court, sua sponte, for consideration of dismissal. As reflected in the opinion and order of the court issued this day, plaintiff's claims are not cognizable under 42 U.S.C. § 1983. Consequently, it is hereby, ORDERED AND ADJUDGED that this cause be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), with prejudice, for failure to state a claim upon which relief may be granted. To the extent that plaintiff is seeking habeas relief his claims are dismissed without prejudice. Since this case is dismissed in accordance with the above mentioned provision of the Prison Litigation Reform Act, it will be counted as a "strike" pursuant to 28 U.S.C. § 1915(g). SO ORDERED AND ADJUDGED, this the 28th day of May, 2009. /s/Tom S. Lee UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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