Ealy v. Little et al (INMATE 2)

Filing 21

ORDERED that: (1) 17 Objection to 10 Recommendation is overruled; (2) The 10 Recommendation of the Magistrate Judge is adopted; (3) Plaintiff's complaint and amended complaint against defendants challenging event occurred on or about 5/26/ 06 and 6/27/07 are DISMISSED with prejudice as further set out; (4) Plaintiff's § 1983 claims presented against defendants Little, Mendheim, Spencer, Maxwell, and the Houston County Sheriff's Department, to the extent they are not barr ed by the applicable statute of limitations, are DISMISSED with prejudice as further set out; (5) Plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Houston County, Alabama, is DISMISSED without prejudice as further set out; and (6) The plaintiff's complaint, as amended, is DISMISSED prior to service of process.Signed by Honorable Truman M. Hobbs on 12/9/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION T H O M A S JAMES EALY, #177006, P l a i n t if f , v. L A W S O N LITTLE, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:09-cv-677-TMH WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #17) to the Recommendation of the Magistrate J u d g e filed on September 28, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #10) filed on September 8, 2 0 0 9 is adopted; 3 . Plaintiff's complaint and amended complaint (Doc. #1, #5) against. defendants ch allen g ing events which occurred on or about May 26, 2006 and June 27, 2007 are D IS M IS S E D with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i) as p la in tif f failed to file the complaint with regard to these allegations within the time p r e s c rib e d by the applicable period of limitations. 4 . Plaintiff's 1983 claims presented against defendfants Little, Mendheim, Spencer, M a x w e ll, and the Houston County Sheriff's Department, to the extent they are not barred by th e applicable statute of limitations, are DISMISSED with prejudice in accordance with the d irec tiv es of 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii). 5 . Plaintiff's challenge to the constitutionality of the conviction and sentence imposed u p o n him by the Circuit Court of Houston County, Alabama, is DISMISSED without p re ju d ic e pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not p ro p e rly before the court at this time. 6 . The plaintiff's complaint, as amended, is DISMISSED prior to service of process. D O N E this the 9th day of December, 2009. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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