McNemere v. State of Alabama et al (INMATE 2)

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATION of the Mag Judge; further ORDERING as follows: (1) the § 1983 claims presented against Dfts State of Alabama and Judge Hendley are DISMISSED with prejudice in accordance with the directives of 28 U.S. C. § 1915(e)(2)(B)(i) and (iii); (2) Plfs § 1983 claims against Defs Baptist Health Hospital, the Governor of Alabama, and Mayor Todd Strange are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); (3) Plfs challenge to the constitutionality of his current detention 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 (4) 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 5/25/10. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION YAHRONNE McNEMERE, P la in ti ff , v. ) ) ) ) ) ) ) ) ) ) O RDER T h e Magistrate Judge entered a Recommendation (Doc. #4) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #4) of the Magistrate Judge is A D O P T E D . It is further O R D E R E D as follows: 1 . The 1983 claims presented against Defendants State of Alabama and Judge H e n d le y are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 (e)(2)(B )(i) and (iii); 2 . Plaintiff's 1983 claims against Defendants Baptist Health Hospital, the Governor o f Alabama, and Mayor Todd Strange are DISMISSED without prejudice pursuant to 28 CASE NO. 2:10-cv-345-TMH STATE OF ALABAMA, et al., Defendants. U .S .C . 1915(e)(2)(B)(ii); 3 . Plaintiff's challenge to the constitutionality of his current detention is DISMISSED w ith o u t 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 4 . This 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). A separate judgment shall issue. D o n e this 25 th day of May, 2010. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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