Nelms v. Alabama Board of Pardons & Paroles (INMATE2)

Filing 5

ORDER ADOPTING 4 Recommendation of the Magistrate Judge. Ordered as follows: (a) plaintiff's complaint against defendant Alabama Board of Pardons and Paroles is dismissd with prejudice; (b) plaintiff's challenge to the revocation of his parole is dismissed without prejudice; (c) the complaint under 42 USC 1983 is dismissed prior to service of process. Signed by Honorable Ira De Ment on 9/16/09. (sl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GREGORY LAMAR NELMS, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #4) of the Magistrate Judge is ADOPTED. It is further ORDERED as follows: a. Plaintiff's complaint against Defendant Alabama Board of Pardons and Paroles is DISMISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(i); b. Plaintiff's challenge to the revocation of his parole is DISMISSED without prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(ii); CASE NO. 2:09-cv-750-ID [WO] THE BOARD OF PARDONS AND PAROLE COURT HEARINGS, Defendant. and c. the complaint under 42 U.S.C. 1983 is DISMISSED prior to service of process. D o n e this 16 th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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