Thomas v. Circuit Court of Houston County et al (INMATE 2)

Filing 5

ORDER directing that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED; 2) The 1983 claims presented against Judge Butch Binford, Shaun McGhee, and the Circuit Court for Houston County be DISMISSED with prejudice in accordance with the di rectives of 28 USC 1915(e)(2)(B)(i) and/or (iii); 3) Plf's challenge to the constitutionality of the conviction and/or sentence imposed upon him by the Circuit Court for Houston County, Alabama, be DISMISSED without prejudice pursuant to the pro visions of 28 USC 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. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 6/22/2009. (wcl, )

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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 J O H N N Y W. THOMAS, ) ) Plaintiff, ) ) v. ) ) ) C IR C U IT COURT OF HOUSTON COUNTY, ) e t al., ) ) Defendants. ) 1:09-CV-454-TMH [W O ] ORDER O n May 28, 2009, the Magistrate Judge filed a Recommendation (Doc. 4) in this case to which no timely objections have been filed. Upon an independent review of the file in this c a se 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 Butch Binford, Shaun McGhee, a n d the Circuit Court for Houston County be DISMISSED with prejudice in a c c o rd a n c e 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/or sentence im p o s e d upon him by the Circuit Court for Houston County, Alabama, be D IS M I S 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. An appropriate judgment will be entered. D o n e this 22nd day of June, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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