Davis v. Andrews et al (INMATE 1)

Filing 7

RECOMMENDATION OF THE MAGISTRATE JUDGE; that 1. The plaintiff's claims for monetary damages against Jerry White, Butch Binford and Max Andrews be DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). 2. The plaintiff's conspiracy claim be DISMISSED with prejudices pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). 3. To the extent the plaintiff presents claims challenging the constitutionali ty of a criminal charge pending against him before the Circuit Court of Houston County, Alabama, these claims be DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); that on or before November 18, 2010 the parties may file objections to this Recommendation. Signed by Honorable Wallace Capel, Jr on 11/4/2010. (jg, )

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