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, )

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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 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 2

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