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, )

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

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