Thompson v. Upshaw et al (INMATE 1)

Filing 7

ORDER AND OPINION, it is ORDERED and ADJUDGED that the 6 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claims presented against Paul Brunson and Ben Reeve are DISMISSED with prejudice prior to service o f process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I), (ii) and (iii); (2) The plf's challenges to the constitutionality of the criminal charge pending against him before the Circuit Court of Barbour County, Alabama, a re 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 court at this time; (3) This case, with respect to the plaintiff's claim against Leroy Upshaw alleging a two-day period of illegal imprisonment on a detainer lodged by another state, is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Truman M. Hobbs on 4/22/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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 O S E P H THOMPSON, P l a in tif f , v. L E R O Y UPSHAW, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv214-TMH

O R D E R AND OPINION O n April 2, 2009, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. # 6). Upon an independent review of the file in th i s case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e plaintiff's claims presented against Paul Brunson and Ben Reeve are D IS M IS S E D with prejudice prior to service of process in accordance with the d irec tiv es of 28 U.S.C. § 1915(e)(2)(B)(I), (ii) and (iii). 2. T h e plaintiff's challenges to the constitutionality of the criminal charge p e n d in g against him before the Circuit Court of Barbour County, Alabama, a re DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1 9 1 5 (e )(2 )(B )(ii) as such claims are not properly before the court at this time. 3. T h is case, with respect to the plaintiff's claim against Leroy Upshaw alleging

a two-day period of illegal imprisonment on a detainer lodged by another state, is referred back to the Magistrate Judge for additional proceedings. Done this the 22nd day of April, 2009.

/s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE

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