Sterling v. Riley et al (INMATE 1)

Filing 9

ORDERED that: (1) The 7 Objection to the 6 Recommendation of the Magistrate Judge is overruled; (2) The 6 Recommendation of the Magistrate Judge is adopted; (3) To the extent the plaintiff seeks enforcement of prior orders or consent decrees, a ll claims related to such orders/decrees are summarily DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); (4)With respect to those claims the plaintiff seeks to present regarding the legal rights or interests o f other persons, these claims are DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); (5) The plaintiff's claims arising from actions taken against him during his incarceration at the Limestone Corre ctional Facility are DISMISSED without prejudice to the rights of the plaintiff to file a separate 42 U.S.C. § 1983 action in the United States District Court for the Northern District of Alabama; (6) The plaintiff's request for class certification is DENIED; and (7) The plaintiff's motion for preliminary injunction is DENIED. Signed by Honorable Truman M. Hobbs on 3/11/2010. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION R E G IN A L D LYNN STERLING, 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-117-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 5, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #6) entered on February 18, 2 0 1 0 is adopted; 3 . To the extent the plaintiff seeks enforcement of prior orders or consent decrees, all c la im s related to such orders/decrees are summarily DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). 4 . With respect to those claims the plaintiff seeks to present regarding the legal rights o r interests of other persons, these claims are DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii). 5. The plaintiff's claims arising from actions taken against him during his

i n c a r c e ra tio n at the Limestone Correctional Facility are DISMISSED without prejudice to th e rights of the plaintiff to file a separate 42 U.S.C. § 1983 action in the United States D is tric t Court for the Northern District of Alabama. 6 . The plaintiff's request for class certification is DENIED. 7 . The plaintiff's motion for preliminary injunction is DENIED. D O N E this the 11th day of March, 2010.

/s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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