Tatum v. Marshall et al (INMATE1)

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. For the reasons stated in the Magistrate Judge's Recommendation, Plaintiff's 42 U.S.C. 1983 claims against Defendants Johnny Hardwick, Melissa Rittenour, Eleanor Brooks, and Larry Sasser are DI SMISSED with prejudice and prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). Plaintiff's 1983 claims against Defendant Marshall regarding the constitutionality of his confinement are DISMISSED as Defendant Marshall has acted pursuant to the directives of a state court in ensuring Plaintiff's confinement. Plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgome ry County, Alabama, for assault is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) because such claims are not properly before the Court at this time. This case, with respect to Plaintiff's claims challengin g the handling of his personal mail and overcrowded conditions at the Montgomery County Detention Facility lodged against Defendants Marshall and Wright, is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Truman M. Hobbs on 1/28/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J E R E M Y CHRISTOPHER TATUM, P la in tif f , v. D.T. MARSHALL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:08cv792-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #17) 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. #17) of the Magistrate Judge is A D O P T E D . For the reasons stated in the Magistrate Judge's Recommendation, Plaintiff's 4 2 U.S.C. 1983 claims against Defendants Johnny Hardwick, Melissa Rittenour, Eleanor B r o o k s , and Larry Sasser are DISMISSED with prejudice and prior to service of process p u rs u a n t to the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). Plaintiff's 1983 claim s against Defendant Marshall regarding the constitutionality of his confinement are D IS M IS S E D as Defendant Marshall has acted pursuant to the directives of a state court in e n su rin g Plaintiff's confinement. Plaintiff's challenge to the constitutionality of the c o n v ic tio n and sentence imposed upon him by the Circuit Court of Montgomery County, A la b a m a , for assault is DISMISSED without prejudice pursuant to the provisions of 28 U .S .C . 1915(e)(2)(B)(ii) because such claims are not properly before the Court at this time. T h is case, with respect to Plaintiff's claims challenging the handling of his personal m a il and overcrowded conditions at the Montgomery County Detention Facility lodged a g a in s t Defendants Marshall and Wright, is REFERRED back to the Magistrate Judge for f u rth e r proceedings. Done this 28th day of January, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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