Spencer v. Riley et al (INMATE 2)
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 )
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?