Floyd v. Anderson et al (INMATE2)

Filing 5

ORDER (1) ADOPTING (4) REPORT AND RECOMMENDATION of the Mag Judge; (2) The § 1983 claims presented against Judge Larry Anderson, Assistant District Attorney David Atwell, and Cassondra Tillery be DISMISSED with prejudice in accordance with the d irectives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii); (3) Plaintiffs challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court for Houston County, Alabama, be DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time and (4) this complaint be DISMISSED prior to service of process. Signed by Honorable Truman M. Hobbs on 12/30/08. (djy, )

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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 A L C O L M JAMAAL FLOYD, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 1:08-CV-938-TMH [W O ] J U D G E LARRY ANDERSON, et al., Defendants. ORDER O n December 10, 2008, the Magistrate Judge filed a Recommendation (Doc. 4) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED; T h e 1983 claims presented against Judge Larry Anderson, Assistant District A tto rn e y David Atwell, and Cassondra Tillery be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii); 3. P la in tif f 's challenge to the constitutionality of the conviction and sentence im p o s e d upon him by the Circuit Court for Houston County, Alabama, be D IS M IS S E D without prejudice pursuant to the provisions of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii) as such claims are not properly before the court at this time; and, 4. T h i s complaint be DISMISSED prior to service of process. A n appropriate judgment will be entered. D o n e this 30th day of December, 2008. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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