Cole v. McGhee et al (INMATE 2)

Filing 5

OPINION AND ORDER as follows: (1) the 4 Recommendation of the Magistrate Judge is adopted; (2) the 1983 claims presented against the Houston County Circuit Court and Shaun McGhee be dismissed with prejudice prior to service of process; (3) the plai ntiff's challenge to the constitutionality of his pending criminal charge be dismissed without prejudice as further set out in order; (4) this case be dismissed prior to service of process. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/29/08. (sl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION R O N N IE LEE COLE, P l a in tiff , v. M R . SHAUN MCGEE, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:08cv894-TMH (W O )

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g is tra te Judge entered on November 18, 2008, (Doc. # 4), that this case be dismissed. A f te r a review of the recommendation, to which no timely objections have been filed, and a f te r an independent review of the entire record, the court believes that the recommendation sh o u ld be adopted. Accordingly, it is O R D E R E D and ADJUDGED as follows: 1. 2. that the Recommendation of the Magistrate Judge be and is hereby ADOPTED. th a t the § 1983 claims presented against the Houston County Circuit Court and

S h a u n McGhee be and are hereby DISMISSED with prejudice prior to service of process in ac co rda n ce with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 3. th a t the plaintiff's challenge to the constitutionality of his pending criminal

c h a rg e be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 U .S .C . § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and

4.

th a t this case be and is hereby 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 the 29th day of December, 2008. /s / Truman M. Hobbs _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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