Jackson v. King et al (INMATE1)MEMBER

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS 8 that the plaintiff's claims against Butch Binford, Troy King, Douglas A. Valeska, Matthew C. Lamere and the Houston County Jail are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(I), (ii) and (iii); to the extent Jackson presents claims challenging the constitutionality of criminal charge(s) pending against him before the Circuit Court of Houston County, Alabama, these cla ims are DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); that this case, with respect to the plaintiff's claims challenging conditions of confinement at the Houston County Jail, are referred back to the Magistrate Judge for additional proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 2/2/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

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IN 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 IC H A E L JACKSON, P l a in tif f , v. T R O Y KING, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 1:09cv1173-MEF ORDER O n January 4, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 8). Upon an independent review of the f ile 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 . The plaintiff's claims against Butch Binford, Troy King, Douglas A. Valeska, M a tth e w C. Lamere and the Houston County Jail are DISMISSED with prejudice prior to s e rv ic e of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(I), (ii) and ( i i i) . 2 . To the extent Jackson presents claims challenging the constitutionality of criminal c h a r g e ( s ) pending against him before the Circuit Court of Houston County, Alabama, these c la im s are DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii ). 3. This case, with respect to the plaintiff's claims challenging conditions of c o n f in e m e n t at the Houston County Jail, are referred back to the Magistrate Judge for a d d itio n a l proceedings. DONE this the 2nd day of February, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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