Freeney v. Price (INMATE1)

Filing 5

ORDER (1) ADOPTING 4 REPORT AND RECOMMENDATION of the Mag Judge; (2) the plf's claims against Judge Charles Price be DISMISSED with prejudice under the directives of 28 USC 1915(e)(2)(B)(i), (ii) and (iii); (3) the plf's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama be DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. §1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and (4) This case be DISMISSED prior to service of process as required by the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii). Signed by Honorable Ira De Ment on 5/25/10.

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R IC H A R D BARKER FREENEY, A IS #270785, P la in tiff, v. J U D G E CHARLES PRICE, D e fe n d a n t. ) ) ) ) ) ) ) ) ) ) 2 : 1 0 -C V -3 4 6-ID WO ORDER O n May 4, 2010, the Magistrate Judge filed a Recommendation (Doc. 4) in this case to which no timely objections have been filed. Upon an independent review of the file in this c a s e and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED; T h e plaintiff's claims against Judge Charles Price be DISMISSED with p re ju d ic e under the directives of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii); 3. T h e plaintiff's challenge to the constitutionality of the conviction and sentence im p o se d upon him by the Circuit Court of Montgomery County, Alabama be D IS M IS S E D without prejudice pursuant to the provisions of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii) as such claims are not properly before the court at this time; and 4. T h is case be DISMISSED prior to service of process as required by the d ire c tiv e s of 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). D o n e this 25 th day of May, 2010. /s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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