White v. Houston County Jail et al (INMATE1)

Filing 28

ORDERING and ADJUDGING that the 25 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that: (1) the plf's claims against the Houston County Jail, the Houston County Sheriff's Dept and the State of Alabama are DISMISSE D with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I); (2) the plf's claims for monetary damages against Doug Valeska are DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. §1915(e)(2)(B)(I) a nd (iii); (3) the plfs' challenges to the constitutionality of the revocation of his probation by the Circuit Court of Houston County, Alabama and his claims lodged against Christopher Robinson and Doug Valeska regarding the actions of these ind ividuals relative to the probation revocation proceedings are DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(3)(2)(B)(ii); (4) The Houston County Jail, Houston County Sheriff's Dept, State of Alabama, Doug Valeska and Christopher Robinson are DISMISSED as defs in this cause of action; (5) This case, with respect to the plf's claims against the remaining defs regarding the conditions of confinement at the Houston County Jail, are REFERRED back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 9/16/09. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA SO U T H E R N DIVISION L AR R Y D. WHITE, SR., P l a i n t if f , v. H O U ST O N COUNTY JAIL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 1:09cv708-ID O R D E R AND OPINION O n August 26, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 25). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e plaintiff's claims against the Houston County Jail, the Houston County Sh e riff's Department and the State of Alabama are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(I). 2. T h e plaintiff's claims for monetary damages against Doug Valeska are D IS M IS SE D with prejudice pursuant to the provisions of 28 U.S.C. 1 9 1 5 (e)(2 )(B )(I) and (iii). 3. T h e plaintiff's challenges to the constitutionality of the revocation of his p r o b a t i o n by the Circuit Court of Houston County, Alabama and his claims lo d ge d against Christopher Robinson and Doug Valeska regarding the actions o f these individuals relative to the probation revocation proceedings are D ISM ISSE D without prejudice in accordance with the provisions of 28 U.S.C. 1915(3)(2)(B)(ii). 4. T h e Houston County Jail, Houston County Sheriff's Department, State of A la b a m a , Doug Valeska and Christopher Robinson are DISMISSED as d e fe n d a n ts in this cause of action. 5. T h is case, with respect to the plaintiff's claims against the remaining d e fe n d a n ts regarding the conditions of confinement at the Houston County Ja il, are REFERRED back to the Magistrate Judge for appropriate p roc ee d ings. Done this the 16 th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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