Miles v. Freeman et al (INMATE 1)

Filing 6

JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the US magistrate Judge's 4 Report and Recommendation is adopted; (2) this lawsuit is dismissed as follow s: (A) The plaintiff's claims against defendants State of Alabama, Benjamin Freeman, and Brady E. Mendheim, Jr. are dismissed with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii); (B) To the extent t he plaintiff presents claims challenging the constitutionality of his state-court conviction and his incarceration resulting from this conviction, these claims are dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because these claims are not cogniz able in the instant civil action; further ORDERING that costs are taxed against the plaintiff, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 7/31/14. (Attachments: # 1 civil appeals checklist)(djy, )

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

JONATHAN CHAMPALE MILES,
Plaintiff,
v.
BENJAMIN FREEMAN, et al.,
Defendants.

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CIVIL ACTION NO.
1:14cv665-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered this
date, it is the ORDER, JUDGMENT, and DECREE of the court
as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (Doc. No. 4) is adopted.
(2) This lawsuit is dismissed as follows:
(A) The plaintiff’s claims against defendants
State of Alabama, Benjamin Freeman, and Brady
E. Mendheim, Jr. are dismissed with prejudice
in

accordance

with

the

provisions

of

28

U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii).

(B) To the extent the plaintiff presents claims
challenging

the

constitutionality

of

his

state-court conviction and his incarceration
resulting from this conviction, these claims
are

dismissed

pursuant

to

28

U.S.C.

§ 1915(e)(2)(B)(ii) because these claims are
not cognizable in the instant civil action.
It is further ORDERED that costs are taxed against the
plaintiff, 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.
DONE, this the 31st day of July, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE