Daughtery v. State of Mississippi, No. 1:2018cv00004 - Document 12 (S.D. Miss. 2018)
Court Description: FINAL JUDGMENT: Ordered that Daughterys 1983 claims against Defendant State of Mississippi are dismissed with prejudice; and that claims Daughtery may be asserting in this 1983 case are dismissed without prejudice to Daughterys pursuit of these claims in his pending habeas corpus case, Daughtery v. Banks, No. 2:17cv193 KS-FKB (S.D. Miss. Dec. 1, 2017). Signed by District Judge Louis Guirola, Jr. on 7/30/18. (RLW)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION FRANK DAUGHTERY, #151465 PLAINTIFF v. CAUSE NO. 1:18-cv-4-LG-RHW STATE OF MISSISSIPPI DEFENDANT FINAL JUDGMENT This cause is before the Court, sua sponte, for consideration of dismissal. Pursuant to the Order of Dismissal issued this date and incorporated herein by reference, IT IS, HEREBY, ORDERED AND ADJUDGED that, Daughtery’s § 1983 claims against Defendant State of Mississippi are DISMISSED WITH PREJUDICE. IT IS, FURTHER, ORDERED AND ADJUDGED that, any habeas corpus claims Daughtery may be asserting in this § 1983 case are DISMISSED WITHOUT PREJUDICE to Daughtery’s pursuit of these claims in his pending habeas corpus case, Daughtery v. Banks, No. 2:17-cv-193-KS-FKB (S.D. Miss. Dec. 1, 2017). SO ORDERED AND ADJUDGED this the 30th day of July, 2018. s/ Louis Guirola, Jr. LOUIS GUIROLA, JR. UNITED STATES DISTRICT JUDGE
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