Knight v. Marshall et al (INMATE 2)

Filing 5

ORDER AND OPINION: It is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The §1983 claims presented against Defendant Price are DISMISSED with prejudice in accordance with the direct ives of 28 U.S.C. § 1915(e)(2)(B)(I) & (iii); 2. Plaintiffs challenge to the constitutionality of his current incarceration is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and 3. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I)-(iii). Signed by Honorable Truman M. Hobbs on 4/7/2010. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A N T O N IO MARQUIS KNIGHT, P l a in tif f , v. S H E R IF F D. T. MARSHALL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10cv211-TMH O R D E R AND OPINION O n March 15, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 4). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. T h e 1983 claims presented against Defendant Price are DISMISSED with p rejud ice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(I) & (iii); 2. P lain tiff 's challenge to the constitutionality of his current incarceration is D IS M IS S E D without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) a s such claim is not properly before the court at this time; and 3. T h is case is DISMISSED prior to service of process in accordance with the d irec tiv es of 28 U.S.C. 1915(e)(2)(B)(I)-(iii). D o n e this the 7 th day of April, 2010. /s / Truman M. Hobbs _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __________________ S E N IO R UNITED STATES DISTRICT JUDGE 2

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