Mitchell v. Department of Corrections

MEMORANDUM AND ORDER

CONABOY, District Judge.

I

Before the Court is Magistrate Judge J. Andrew Smyser’s Report and Recommendation, (Doc. 18), filed on June 5, 2003, regarding Plaintiffs pro se action filed pursuant to 42 U.S.C. § 1983 on December 5, 2002, (Doc. 1). Plaintiff asserts that Defendants violated his constitutional rights because he was held beyond his maximum release date. 1 In his complaint, Plaintiff requested both immediate release from custody and monetary damages. (Doc. 1, History of the Case at 3.)

On February 19, 2003, Defendants filed a Motion to Dismiss and a brief in support…