McCree v. Blumenfield et al (INMATE1)

Filing 7

OPINION AND ORDER: It is ORDERED and ADJUDGED as follows that: 1. The 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED. 2. The plaintiff's claims against the defendants be and are hereby DISMISSED with prejudice prior to servi ce of process pursuant to the provisions of 28 U.S.C. §1915(e)(2)(B)(i). 3. To the extent the complaint presents claims which challenge the constitutionality of a 2008 conviction and sentence imposed upon the plaintiff by the Circuit Court of Ho uston County, Alabama, the complaint be and is hereby 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 at this time. 4. This case be and is hereby DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Truman M. Hobbs on 11/9/2011. (dmn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIE McCREE, #177502,
Plaintiff,
v.
JACK A. BLUMENFIELD, et al.,
Defendants.

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CIV. ACT. NO. 1:11cv850-TMH
(WO)

OPINION and ORDER
On October 14, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 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 as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED.

2.

The plaintiff’s claims against the defendants be and are hereby DISMISSED

with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i).
3.

To the extent the complaint presents claims which challenge the

constitutionality of a 2008 conviction and sentence imposed upon the plaintiff by the Circuit
Court of Houston County, Alabama, the complaint be and is hereby 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 at this time.
4.

This case be and is hereby DISMISSED prior to service of process in

accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
Done this the 9 th day of November 2011.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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