Malone v. Boyd et al (INMATE 1)

Filing 15

ORDERED that: (1) The plaintiff's 9 objections to the Recommendations of the Magistrate Judge are overruled; (2) The 5 , 6 , 7 Recommendations of the Magistrate Judge are adopted; (3) The plaintiff's 1 Motion to Certify Class as a c lass action is DENIED; (4) The plaintiff's Motion for Preliminary Injunction is Denied; (5) The plaintiff's claims against Eric Holder, the Alabama Board of Adjustment and Richard Allen are DISMISSED with prejudice prior to service as furth er; (6) Eric Holder, the Alabama Board of Adjustment and Richard Allen are DISMISSED as defendants; (7)The plaintiff's equal protection and monetary deduction claims are DISMISSED with prejudice prior to service as further set out; (8)Plaintiff& #039;s challenge to the constitutionality of his 1993 sentence for distribution of a controlled substance is DISMISSED without prejudice prior to service as further set out; and (9) This case is referred back to the magistrate judge for appropriate proceedings.. Signed by Honorable Truman M. Hobbs on 4/20/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE UNITED STATES DISTRICT COIJRT FOR THE MIDDLE DISTRICT OF ALABAMA OF NORTHERN DIVISION RONALD DAVID MALONE, V. Plaintiff, ) ) ) ) CASE NO. 2:09-cv-2l 7-TMH WO ) ) ) ) LOUIS BOYD, et cii., Defendants. ORDER After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The plaintiffs objections (Doc. #9) to the Recommendations of the Magistrate Judge filed on March 31, 2009 are overruled; 2. The Recommendations of the Magistrate Judge (Doe. #5, #6 & #7) filed on March 25, 2009 are adopted; 3. The p1aintiff motion to certify class as a class action is DENIED. 4. The plaintiffs motion for preliminary injunction is DENIED. 5. The plaintiffs claims against Eric Holder, the Alabama Board of Adjustment and Richard Allen are DISMISSED with prejudice prior to service pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i). 6. Eric Holder, the Alabama Board of Adjustment and Richard Allen are DISMISSED as defendants in this cause of action. 7. The plaintiffs equal protection and monetary deduction claims are DISivIISSED with prejudice prior to service in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). 8. The plaintiffs challenge to the constitutionality of his 1993 sentence for distribution of a controlled substance is DISMISSED without prejudice prior to service in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii). 9. This case is referred back to the magistrate judge for appropriate proceedings. DONE this ,-'/ 11 day of April, 2009. ) TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2

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