McDaniel v. Peterson et al (INMATE 2)

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 4 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) this lawsuit is dismissed as follows : The 42 U.S.C. 1983 claims presented against defendants Peterson, Blalock, and Clenney are dismissed with prejudice under 28 U.S.C. 915(e)(2)(B)(i); the 42 U.S.C. 1983 claims against defendant Anderson are dismissed without prejudice under 28 U.S .C. 1915(e)(2)(B)(ii); and the challenge to the constitutionality of the pending criminal charges is dismissed without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii) as such challenge is not properly before the court at this time; further ORDERING t hat costs are taxed against 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 2/2/15. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
SHAWN MAXMILLION
McDANIEL,
Plaintiff,
v.
HONORABLE JUDGE PETERSON,
et al.,
Defendants.

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CIVIL ACTION NO.
1:14cv1176-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: The 42
U.S.C.

§ 1983

Peterson,

claims

Blalock,

presented

and

Clenney

against
are

defendants

dismissed

with

prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); the 42
U.S.C.

§ 1983

claims

against

defendant

Anderson

are

dismissed

without

§ 1915(e)(2)(B)(ii);

prejudice

under

and

challenge

the

28

U.S.C.
to

the

constitutionality of the pending criminal charges is
dismissed

without

prejudice

under

28

U.S.C.

§ 1915(e)(2)(B)(ii) as such challenge is not properly
before the court at this time.
It is further ORDERED that costs are taxed against
plaintiff, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

final

Federal

Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 2nd day of February, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE