Carter v. Montgomery Municpal Court et al (INMATE2)

Filing 5

ORDERED as follows: (1) the 4 Recommendation is adopted (2) the plaintiff's complaint against defendants Knight, Hayes, the Montgomery City Jail and the Montgomery Municipal Court are dismissed with prejudice; (3) the plaintiff's complain t against defendants Wicker and Nixon are dismissed without prejudice; (4) the plaintiff's challenge to the constitutionality of his current detention is dismissed without prejudice; (5) the complaint is dismissed prior to service of process. Signed by Honorable Truman M. Hobbs on 9/25/09. (sl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T H O M A S CARTER, P l a in tif f , v. M O N T G O M E R Y MUNICIPAL C O U R T , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:09cv777-TMH (WO) ORDER O n September 4, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 4). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. 2. T h a t the Recommendation be and is hereby ADOPTED. T h a t the plaintiff's complaint against defendants Knight, Hayes, the M o n tg o m e ry City Jail and the Montgomery Municipal Court be and are hereby DISMISSED w ith prejudice under 28 U.S.C. 1915(e)(2)(B)(i) & (iii). 3. T h at the plaintiff's complaint against defendants Wicker and Nixon be and are h ere b y DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii). 4. T h a t the plaintiff's challenge to the constitutionality of his current detention b e and is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and 5. T h a t the complaint be and is hereby DISMISSED prior to service of process. D o n e this the 25th day of September 2009. /s / Truman M. Hobbs ________________________________________ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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