Smith v. Little et al (INMATE2)

Filing 5

ORDERED as follows: (1) The 4 Recommendation of the Magistrate Judge is ADOPTED; (2) that Plaintiff's 42 U.S.C. § 1983 claims against Defendants Little, Valeska, Johnson,and Blumenfeld are DISMISSED with prejudice ; (3) Plaintiff's c hallenge to the constitutionality of his pending criminal charge is DISMISSED without prejudice as further set out; and (4) This suit pursuant to 42 U.S.C. § 1983 is DISMISSED prior to service of process as further set out. An appropriate judgment will be entered. Signed by Honorable W. Harold Albritton, III on 12/3/2008. (cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DARRICK D. SMITH, Plaintiff, v. JUDGE LAWSON LITTLE, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 1:08cv886-WHA ( WO) ORDER The Magistrate Judge filed a Recommendation (Doc. #4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #4) of the Magistrate Judge is ADOPTED. It is further ORDERED that 1. Plaintiff's 42 U.S.C. 1983 claims against Defendants Little, Valeska, Johnson, and Blumenfeld are DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(I) for the reasons set forth in the Magistrate Judge's Recommendation; 2. Plaintiff's 1983 claims against Defendant Smith are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); 3. Plaintiff's challenge to the constitutionality of his pending criminal charge is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because the claim is not properly before the Court at this time; and 4. This suit pursuant to 42 U.S.C. 1983 is DISMISSED prior to service of process in accordance with 42 U.S.C. 1915 (e)(2)(B)(i) & (ii). An appropriate judgment will be entered. Done this 3rd day of December, 2008. /s/ W. Harold Albritton W. Harold Albritton Senior U. S. District Judge 2

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