Smith v. Head et al

Filing 4

JUDGMENT, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT and DECREE of the court: (1) that plf's 2 motion to proceed in forma pauperis is granted to the extent that the complaint shall be filed without the prepayment of f ees; and (2) that plf's complaint is dismissed without prejudice, pursuant to 28 U.S.C.§ 1915(e)(2)(B)(i)-(iii); further ORDERING that costs are taxed against plf Smith, for which execution may issue; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 6/4/09. (Attachments: # 1 Civil Appeals Checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

SAMMIE A. SMITH,

) ) Plaintiff, ) ) 5. ) CIVIL ACTION NO. ) 2:09cv508-MHT THOMAS HEAD, CIRCUIT JUDGE, ) (WO) PIKE COUNTY, ALABAMA; and ) TERRI WILLINGHAM THOMAS, ) JUDGE, STATE OF ALABAMA ) COURT OF CIVIL APPEALS ) ) Defendants. ) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1) That plaintiff Sammie A. Smith's motion to

proceed in forma pauperis (Doc. No. 2) is granted to the extent that the complaint shall be filed without the prepayment of fees; and

(2) That plaintiff Smith's complaint is dismissed without prejudice, pursuant to 28 U.S.C.

§ 1915(e)(2)(B)(i)-(iii). It is further ORDERED that costs are taxed against plaintiff Smith, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 4th day of June, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE