Jones v. Judah et al (INMATE 1)

Filing 6

ORDER adopting the 4 Recommendation; dismissing the case with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) on the claims against the defendants; dismissing without prejudice pursuant to the p rovisions of 28 U.S.C. § 1915(e)(2)(B)(ii) to the extent the complaint presents claims which challenge the constitutionality of a 2009 conviction and sentence imposed upon the plaintiff by the Circuit Court of Houston County, Alabama, as such claims are not properly before the court at this time. Signed by Honorable Judge Truman M. Hobbs on 11/17/2011. (br, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TORY L. JONES,
AIS # 264248,
Plaintiff,
v.
VALERIE D. JUDAH, et al.,
Defendants.

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CASE NO. 1:11-cv-798-TMH
[wo]

OPINION and ORDER
On October 11, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. No. 4). Upon an independent review
of the file in this case and upon consideration of the Recommendation of the Magistrate
Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge
be and is hereby ADOPTED, and that this case be and is hereby DISMISSED with
prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i) on the claims against the defendants, and DISMISSED without prejudice
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) to the extent the complaint
presents claims which challenge the constitutionality of a 2009 conviction and sentence
imposed upon the plaintiff by the Circuit Court of Houston County, Alabama, as such
claims are not properly before the court at this time.
DONE this 17th day of November, 2011.

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

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