Burnett v. Riley et al (INMATE 2)

Filing 10

ORDERED that: (1) The 7 Objection to the Recommendation of the Magistrate Judge is overruled; (2) The 6 Recommendation of the Magistrate Judge is adopted; (3) Plaintiff's complaint seeking enforcement of a prior consent decree is DISMISSED w ith prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii); (4) To the extent Plaintiff's complaint alleges claims which seek to assert the legal rights or interests of another person, such claims are DIS MISSED with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); (5) Plaintiff's claims arising from actions taken against him during his incarceration at the Limestone Correctional Facility are DISMISSED without prejudice to the rights of Plaintiff to file a separate 42 U.S.C. § 1983 action in the United States District Court for the Northern District of Alabama; (6) Plaintiff's request for class certification is DENIED; and (7) Plaintiff's request for a preliminary injunction is DENIED.. Signed by Honorable Truman M. Hobbs on 4/15/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION B E R N IE S BURNETT, P l a i n t if f , v. B O B RILEY, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 2:10-cv-116-TMH WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #7) to the Recommendation of the Magistrate Judge f ile d on March 26, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #6) filed on March 8, 2010 is adopted; 3 . Plaintiff's complaint seeking enforcement of a prior consent decree is DISMISSED w ith prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii ). 4 . To the extent Plaintiff's complaint alleges claims which seek to assert the legal rig h ts or interests of another person, such claims are DISMISSED with prejudice under 28 U .S .C . 1915(e)(2)(B)(ii). 5 . Plaintiff's claims arising from actions taken against him during his incarceration a t the Limestone Correctional Facility are DISMISSED without prejudice to the rights of P la in tif f to file a separate 42 U.S.C. 1983 action in the United States District Court for the N o rth e rn District of Alabama. 6 . Plaintiff's request for class certification is DENIED. 7 . Plaintiff's request for a preliminary injunction is DENIED. D O N E this the 15th day of April, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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