Flournoy v. Ingram et al (INMATE2)

Filing 10

ORDER that 1. Plaintiff's Objection 9 be and the same is hereby OVERRULED; 2. The Recommendation of the Magistrate Judge 8 be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. The Plaintiff's § 1983 claims presented against the named Defendants be and the same are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e) (2)(B)(i) and (iii); 4. The Plaintiff's challenge to the constitutionality of his 2010 probation revocation p roceedings before the District Court of Houston County, Alabama, be and the same is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such challenged is not properly before the Court at this time; and 5. This case be and the same is hereby DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii). Signed by Honorable Ira De Ment on 4/19/2011. (jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DONNELL FLOURNOY, #126 385, Plaintiff, v. LORI C. INGRAM, et al., Defendants. ) ) ) ) ) ) ) ) ) 1:11-CV-213-ID (WO) ORDER Before the court are the Recommendation of the Magistrate Judge, (Doc. #8), and Plaintiff’s Objection, (Doc. #9). Having conducted a de novo determination of those portions of the Recommendation to which objections are made, it is CONSIDERED and ORDERED as follows: 1. Plaintiff’s Objection (Doc. #9) be and the same is hereby OVERRULED; 2. The Recommendation of the Magistrate Judge (Doc. #8) be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. The Plaintiff’s § 1983 claims presented against the named Defendants be and the same are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 4. The Plaintiff’s challenge to the constitutionality of his 2010 probation revocation proceedings before the District Court of Houston County, 1 Alabama, be and the same is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such challenged is not properly before the Court at this time; and 5. This case be and the same is hereby DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii). DONE this the 19th day of April, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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