Bell et al v. Riley et al (INMATE 2)

Filing 47

ORDER that 45 Recommendation of the Magistrate Judge is ADOPTED; that Plaintiff's 46 Objection is OVERRULED; that Defendants' 25 and 30 motions for summary judgment on Plaintiff's § 1983 conditions of confinement, equal protection, and classification claims are GRANTED; that Plaintiff's challenge to the legality of his current incarceration is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); that Plaintiff's challenge to the Alabama Community Notification Act ("ACNA") is DISMISSED without prejudice for lack of subject matter jurisdiction; that an appropriate final judgment will be entered. Signed by Honorable Judge Mark E. Fuller on 7/9/2012. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DARRIUS BRYANT BELL,
Plaintiff,
v.
BOB RILEY, et al.,
Defendants.

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CASE NO. 2:09-CV-1076-MEF

ORDER
On May 31, 2012, the Magistrate Judge filed a Recommendation (Doc. # 45) in this
case. Plaintiff has an Objection. (Doc. # 46). After an independent review of the file in this
case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED that:
1.

The Recommendation of the Magistrate Judge (Doc. # 45) is ADOPTED;

2.

Plaintiff’s Objection (Doc. # 46) is OVERRULED; and,

3.

Defendants’ motions for summary judgment (Docs. # 25, 30) on Plaintiff’s
§ 1983 conditions of confinement, equal protection, and classification
claims are GRANTED;

4.

Plaintiff’s challenge to the legality of his current incarceration is
DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);
and,

5.

Plaintiff’s challenge to the Alabama Community Notification Act

(“ACNA”) is DISMISSED without prejudice for lack of subject matter
jurisdiction.
An appropriate final judgment will be entered.
DONE this the 9 th day of July, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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