Farrier v. Gordy et al (INMATE 1)

Filing 12

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff Andre Oshawn Farrier's 10 Objections are overruled. (2) The United States Magistrate Judge's 9 Recommendation is adopted. (3) Plaintiff Farriers clai ms against defendant State of Alabama are dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). (4) Plaintiff Farriers claims against defendant Kevin Moulton are dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i i) and (iii). (5) Plaintiff Farriers claims and request for monetary damages against defendants Doug Valeska and Luther Strange are dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii). (6) Plaintiff Farriers claims challenging th e constitutionality of his convictions and the resulting sentence on which he is currently incarcerated, includinghis claims against defendant Tony Webber, are dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), as these claim s are not properlybefore the court at this time. (7) This case is therefore dismissed in its entirety as to all defendants prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii). It is further ORDERED that costs ar e taxed against plaintiff Farrier, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed.Signed by Honorable Judge Myron H. Thompson on 4/25/2014. (Attachments: # 1 Civil Appeals Checklist) (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

ANDRE OSHAWN FARRIER,

)
)
Plaintiff,
)
)
v.
)
)
CHRISTOPHER GORDY, et al., )
)
Defendants.
)

CIVIL ACTION NO.
1:14cv56-TMH
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Plaintiff Andre Oshawn Farrier's objections (Doc.
No. 10) are overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (Doc. No. 9) is adopted.
(3) Plaintiff

Farrier’s

claims

against

defendant

State of Alabama are dismissed with prejudice pursuant to
28 U.S.C. § 1915(e)(2)(B)(i).

(4) Plaintiff

Farrier’s

claims

against

defendant

Kevin Moulton are dismissed with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) and (iii).
(5) Plaintiff

Farrier’s

claims

and

request

for

monetary damages against defendants Doug Valeska and
Luther Strange are dismissed with prejudice pursuant to
28 U.S.C. § 1915(e)(2)(B)(iii).
(6) Plaintiff

Farrier’s

claims

challenging

the

constitutionality of his convictions and the resulting
sentence on which he is currently incarcerated, including
his claims against defendant Tony Webber, are dismissed
without

prejudice

pursuant

to

28

U.S.C.

§ 1915(e)(2)(B)(ii), as these claims are not properly
before the court at this time.
(7) This case is therefore dismissed in its entirety
as to all defendants prior to service of process pursuant
to 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii).
It is further ORDERED that costs are taxed against
plaintiff Farrier, for which execution may issue.

2

The clerk of the court is DIRECTED to enter this
document on the civil docket as a final judgment pursuant
to Rule 58 of the Federal Rules of Civil Procedure.
This case is closed.
DONE, this the 25th day of April, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE