Pouncey v. City of Dothan et al (INMATE 2)

Filing 8

ORDER ADOPTING 4 REPORT AND RECOMMENDATION of the Mag Judge; directing as follows: (1) the 1983 action presented against defendants is DISMISSED with prejudice for lack of subject matter jurisdiction; (2) to the extent that plf's complaint cha llenges the constitutionality of his current detention and/or the constitutionality of his conviction and/or sentence imposed during his state court criminal proceedings, such claims are 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 in this case; () this case is DISMISSED prior to service of process; (4) the clerk is directed to comply with the plf's request attached to his objection, and to mail him the requested forms. Signed by Honorable Judge W. Harold Albritton, III on 10/3/11. Forms mailed to plaintiff previous to this date under separate cover.(djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TERRENCE POUNCEY, Plaintiff, vs. CITY OF DOTHAN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:11cv695-WHA ORDER Upon a de novo review and independent evaluation of this case, including the Recommendation of the Magistrate Judge (Doc. #4), the Objection to Case Being Dismissed (Doc. #5), filed by the Plaintiff on September 20, 2011, and the entire file, the court finds the objection to be without merit, and it is hereby overruled. The court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. The § 1983 action presented against Defendants is DISMISSED with prejudice for lack of subject matter jurisdiction. 2. To the extent that Plaintiff’s Complaint challenges the constitutionality of his current detention and/or the constitutionality of his conviction and/or sentence imposed during his state court criminal proceedings, such claims are 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 in this case. 3. This case is DISMISSED prior to service of process. 4. The clerk is DIRECTED to comply with the Plaintiff’s request attached to his objection, and to mail him the requested forms. DONE this 3rd day of October, 2011. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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