Jackson v. Circuit Courts of Houston County et al (INMATE 2)

Filing 6

ORDER (1) ADOPTING 5 REPORT AND RECOMMENDATION of the Mag Judge; (2) the § 1983 claims persented against Judge Butch Binford, District Attorney Banks Smith, the Circuit Court for Houston County, and the 20th Judicial Circuit of Alabama are her eby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. §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 of Houston Coun ty, AL is hereby 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 is hereby DISMISSED prior to service of process. Signed by Honorable Ira De Ment on 4/22/10. (djy, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA SO U T H E R N DIVISION LO U IS FRANK JACKSON, II, #64004 P l a i n t if f , v. C IR C U IT COURTS OF HOUSTON C O U N T Y , et al. , D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) 1 : 1 0 -C V -23 1 -ID WO ORDER O n April 2, 2010, the Magistrate Judge filed a Recommendation (Doc. No. 5) 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 of the Magistrate Judge is ADOPTED; T h e 1983 claims presented against Judge Butch Binford, District Attorney B a n ks Smith, the Circuit Court for Houston County, and the 20 th Judicial Circuit of Alabama are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 (e)(2)(B )(i) and/or (iii); 3. P la in tiff's challenge to the constitutionality of the conviction and/or sentence im p o s ed upon him by the Circuit Court for Houston County, Alabama, is hereby D ISM ISSE D without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) a s such claims are not properly before the court at this time; and 4. T h i s complaint is hereby DISMISSED prior to service of process. D o n e this 22 nd day of April, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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