Chatman v. Knight et al (INMATE2)

Filing 5

ORDER (1) ADOPTING 4 REPORT AND RECOMMENDATIONS of the Mag Judge; (2) the § 1983 claims presented against the named defendants be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); (3) Pl f's challenge to the constitutionality of the conviction and sentence imposed upon by the Montgomery Municipal Court be DISMISSED without prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and (4) 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 7/9/09. (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 JA M IL CHATMAN, SR., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:09-CV-548-ID [W O ] JU D G E KNIGHT, et al., Defendants. ORDER O n June 19, 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 1983 claims presented against the named defendants 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); 3. P la in tiff's challenge to the constitutionality of the conviction and sentence im p o s ed upon by the Montgomery Municipal Court be DISMISSED without p re ju d ice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) a s such claims are not properly before the court at this time; and 4. 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 9 th day of July, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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