Johnson v. Brooks et al (INMATE1)

Filing 19

ORDER that 1) ADOPTING 4 Report and Recommendations, 2) the plaintiff's claims against defendant Brooks and Myrick be dismissed with prejudice in accordance with the directive of 28 USC 1915(e)(2)(B)(i) and (iii); and 3) To the extent Johnson presents a claim challenging the constitutionality of actions occuring in a pending state criminal case, this case be dismissed without prejudice pursuant to the provisions of 28 USC 1915(e)(2)(B)(ii). Signed by Honorable Truman M. Hobbs on 6/17/09. (Attachments: # 1 appeals checklist)(vma, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A L V IN JAMES JOHNSON, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-385-TMH [W O ] D IS T R IC T ATTORNEY ELLEN BROOKS a n d DETECTIVE MIKE MYRICK, et al., Defendants. ORDER O n May 5, 2009, the Magistrate Judge filed a Recommendation (Doc. 4) in this case to which no timely objections have been filed. Upon an independent review of the file in this c a se and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED; T h e plaintiff's claims against defendant Brooks and Myrick be DISMISSED w ith prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(i) and (iii); and 3. T o the extent Johnson presents a claim challenging the constitutionality of a c t i o n s occurring in a pending state criminal case, this case be DISMISSED w ith o u t prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii). A n appropriate judgment will be entered. D o n e this 17th day of June, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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