Davis v. Andrews et al (INMATE 1)

Filing 9

ORDER as follows: 1. Plaintiff's 8 Objection be and the same is hereby OVERRULED; 2. The 7 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. Plaintiff's claims for monetary damages again st Jerry White, Butch Binford, and Max Andrews be and the same are hereby 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); 4. Plaintiff's conspiracy claim be a nd the same is hereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and 5. To the extent the Plaintiff presents claims challenging the constitutionality of a criminal charge pending against him before the Circuit Court of Houston County, Alabama, these claims are hereby DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Honorable Ira De Ment on 11/29/2010. (dmn)

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-WC Davis v. Andrews et al (INMATE 1) Doc. 9 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 D E M A R L O S DAVIS, P la in tiff, v. M A X ANDREWS, et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 1:10-CV-902-ID (W O ) ORDER B e fo re the court are the Recommendation of the Magistrate Judge, (Doc. #7), and P la in tiff's Objection, (Doc. #8). Having conducted a de novo determination of those p o rtio n s of the Recommendation to which objections are made, it is CONSIDERED and O R D E R E D as follows: 1. 2. P la in tiff's Objection (Doc. #8) be and the same is hereby OVERRULED; T h e Recommendation of the Magistrate Judge (Doc. #7) be and the same is h e re b y ADOPTED, APPROVED and AFFIRMED; 3. P la in tiff's claims for monetary damages against Jerry White, Butch Binford, a n d Max Andrews be and the same are hereby DISMISSED with prejudice p rio r to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (iii); 4. P la in tiff's conspiracy claim be and the same is hereby DISMISSED with p re ju d ic e pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii); and Dockets.Justia.com 5. T o the extent the Plaintiff presents claims challenging the constitutionality o f a criminal charge pending against him before the Circuit Court of H o u s to n County, Alabama, these claims are hereby DISMISSED without p re ju d ic e in accordance with the provisions of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii). DONE this the 29th day of November, 2010. /s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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