Albright v. Reid et al (INMATE 1)

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS of the Mag Judge; (2) plf's claims against Tom Reid and the Central Alabama Drug Task Enforement Agency arising from plf's 1/10/2007 arrest be DISMISSED with prejudice pursuant to the directive s of 28 USC 1915(e)(2)(B)(i) as the plaintiff failed to file the complaint within the time prescribed by the applicable period of limitations; (3) Plaintiff's claims against Judge Sibley Reynolds and District Attorney Randall Houston be DISMISSE D with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii); (4) To the extent the plaintiff presents claims challenging the constitutionality of the controlled substance conviction(s) imposed upon him by t he Circuit Court of Autauga County, Alabama, these claims be DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i); and (5) This case be DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii). Signed by Honorable Ira De Ment on 6/29/09. (djy, )

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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 N T H O N Y ALBRIGHT, #132655, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:09-CV-503-ID [W O ] T O M REID, et al., Defendants. ORDER O n June 12, 2009, the Magistrate Judge filed a Recommendation (Doc. 14) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case 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. 14) of the Magistrate Judge is ADOPTED; P la in t if f' s claims against Tom Reid and the Central Alabama Drug Task E n fo rc e m e n t Agency arising from plaintiff's January 10, 2007 arrest be D IS M IS S E D with prejudice pursuant to the directives of 28 U.S.C. 1 9 1 5 (e )(2 )(B ) (i) as the plaintiff failed to file the complaint within the time p re sc rib e d by the applicable period of limitations; 3. P lain tiff's claims against Judge Sibley Reynolds and District Attorney Randall H o u s to n be DISMISSED with prejudice in accordance with the provisions of 2 8 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii); 4. T o the extent the plaintiff presents claims challenging the constitutionality of th e controlled substance conviction(s) imposed upon him by the Circuit Court o f Augauga County, Alabama, these claims be DISMISSED with prejudice p u rs u a n t to the directives of 28 U.S.C. 1915(e)(2)(B)(i); and 5. T h is case be DISMISSED prior to service of process pursuant to the provisions o f 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). D o n e this 29 th day of June, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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