Spencer v. Riley et al (INMATE 2)

Filing 12

ORDER overruling the 11 Objections, adopting the 9 RECOMMENDATION of the Magistrate, dismissing the plaintiff's challenge to the constitutionality of his conviction and sentence without prejudice in accordance with 28 U.S.C. § 1915(e) (2)(B)(ii); referring this case back to the Magistrate for further proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 2/24/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION J A M E S EDWARD SPENCER, #137970, P la in tif f , v. B O B RILEY, et al., D e f e n d a n ts. ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-1089-MEF (W O )

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1. T h e plaintiff's objection (Doc. # 11) to the Recommendation of the Magistrate

J u d g e , filed on February 9, 2010, is OVERRULED. 2. T h e Recommendation of the Magistrate Judge (Doc. # 9), filed on January 25,

2 0 0 9 , is ADOPTED. 3. T h e plaintiff's challenge to the constitutionality of his conviction and sentence

is DISMISSED without prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(ii). 4. T h is case is referred back to the Magistrate Judge for further proceedings.

D O N E this the 24th day of February, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE