Lolley v. Hughes et al (INMATE1)

Filing 23

ORDER adopting the 10 Recommendation; dismissing the plaintiff's claims against the Houston County Jail with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); dismissing the plaintiff 's claims for monetary damages against Douglas Valeska with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); dismissing without prejudice the plaintiff's challenges to the constitutionality of his incarce ration with respect to either pending or completed criminal proceedings, in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); dismissing Houston County Jail and Douglas Valeska as defendants; referring the case, with respect to th e plaintiff's claims against defendants Andy Hughes, Jayson Smoke, and Lt. Moris regarding conditions of confinement at the Houston County Jail, back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/10/2011. (br, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM LAMAR LOLLEY, #135690,
Plaintiff,
v.
HOUSTON COUNTY JAIL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 1:11cv778-TMH
(WO)

ORDER
On September 30, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 10). Upon an independent review of the
file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED as follows that:
1.

The Recommendation be and is hereby ADOPTED.

2.

The plaintiff’s claims against the Houston County Jail be and 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).
3.

The plaintiff’s claims for monetary damages against Douglas Valeska be and

are hereby DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i) and (iii).
4.

The plaintiff’s challenges to the constitutionality of his incarceration with

respect to either pending or completed criminal proceedings be and are hereby DISMISSED
without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii).
5.

The Houston County Jail and Douglas Valeska be and are hereby DISMISSED

as defendants in this cause of action.

6.

This case, with respect to the plaintiff’s claims against defendants Andy

Hughes, Jayson Smoke, and Lt. Moris regarding conditions of confinement at the Houston
County Jail, be and are hereby REFERRED BACK to the Magistrate Judge for appropriate
proceedings.
Done this the 10 th day of November 2011.

/s/ Truman M. Hobbs
________________________________________
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

2