Carter v. State of Alabama et al (INMATE2)

Filing 7

ORDER ADOPTING 6 REPORT AND RECOMMENDATION of the Mag Judge; DISMISSING with prejudice plf's 42 USC 1983 claims in accordance with the directives of 28 USC 1915(e)(2)(B)(i) for the reasons stated in the recommendation; plf's challenge to the constitutionality of his pending criminal charges and/or confinement is DISMISSED without prejudice pursuant to 28 USC 1915(e)(2)(B)(ii) because such claim(s) are not properly before the court at this time; DISMISSING this case prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i) & (ii). Signed by Honorable Truman M. Hobbs on 12/16/08. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION M O S E S CARTER, JR., P la in tif f , v. DOUG VALESKA, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No.1:08cv858-TMH (W O ) ORDER T h e Magistrate Judge filed a Recommendation (Doc. #6) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #6) of the Magistrate Judge is A D O P T E D . Plaintiff's 42 U.S.C. 1983 claims against Defendants are DISMISSED with p re ju d ic e , in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i), for the reasons s ta te d in the Magistrate Judge's Recommendation. Plaintiff's challenge to the c o n stitu tio n a lity of his pending criminal charges and/or confinement is DISMISSED without p re ju d ice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because such claim(s) are not properly b e f o re the Court at this time. This case is DISMISSED prior to service of process in a c c o rd a n c e with the directives of 28 U.S.C. 1915(e)(2)(B)(i) & (ii). An appropriate judgment will be entered. D o n e this 16th day of December, 2008. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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