Ware v. Fuller (INMATE 2)

Filing 6

ORDER that: (1) the 5 Objection to the Recommendation of the Magistrate Judge is overruled; (2) The 4 Recommendation of the Magistrate Judge is adopted; (3) The § 1983 claims presented against Judge Fuller are DISMISSED with prejudice in acc ordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii); (4)Plaintiff's claims challenging events which occurred in or before May 2006 are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B )(i); (5)Plaintiff's challenge to the constitutionality of a conviction and/or sentence imposed upon him by the Circuit Court for Chilton County, Alabama, is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and (6) This complaint is DISMISSED prior to service of process. Signed by Honorable Truman M. Hobbs on 9/9/2008. (cb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA OF NORTHERN DIVISION WILLIAM ELLIS WARE, Plaintiff, V. BEN FULLER, CHILTON COUNTY CIRCUIT COURT, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 2:08-cv-607-TMft WO ORDEJ After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The plaintiffs objection (Doe. #5) to the Recommendation of the Magistrate Judge filed on August 22, 2008 is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #4) filed on August 14, 2008 is adopted; 3. The 1983 claims presented against Judge Fuller are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii). 4. Plaintiffs claims challenging events which occurred in or before May 2006 are DISMISSED with prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i) as plaintiff failed to file the complaint with regard to these allegations within the time prescribed by the applicable period of limitations. 5. Plaintiffs challenge to the constitutionality of a conviction and/or sentence imposed upon him by the Circuit Court for Chilton County, Alabama, is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. is not properly before the court at this time. 6. This complaint is DISMISSED prior to service of process. DONE this 1915(e)(2)(B)(ii) as such claim I day of September, 2008. 11 / 444-i4, 7T'&- TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2

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