Shelton v. White (INMATE2)

Filing 10

ORDER ADOPTING 6 Recommendation of the Magistrate Judge and the 42 USC 1983 claims presented against Richard White, Jr., are dismissed with prejudice; Plaintiff's challenge to the constitutionality of his conviction(s) and sentence imposed upon him by the Circuit Court for Montgomery County, AL is dismissed without prejudice; and this complaint is dismissed prior to service of process. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 9/9/08. (sl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION STEVE K. SHELTON, #141484, P la in ti ff , v. RICHARD B. WHITE, JR., Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 2:08-CV-560-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #6) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #6) of the Magistrate Judge is A D O P T E D ; the 42 U.S.C. 1983 claims presented against Richard White, Jr., are DISMISSED w ith prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(I); Plaintiff's c h a lle n g e to the constitutionality of his conviction(s) and sentence imposed upon him by the C irc u it Court for Montgomery County, Alabama, is 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 c o u r t at this time; and this complaint is DISMISSED prior to service of process. A n appropriate judgment will be entered. D o n e this 9th day of September, 2008. /s / Truman M. Hobbs ________________________________ U N IT E D STATES DISTRICT JUDGE 2

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