Green v. Boutwell et al (INMATE2)

Filing 16

ORDER adopting 13 Report and Recommendations; that the § 1983 claims presented against Defendants Thomas Head and William Moore be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i);that Plaintiff&# 039;s challenge to the constitutionality of his conviction and/or sentence entered against him by the Circuit Court for Pike County be summarily DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; that this case be DISMISSED prior to service of process. Signed by Honorable Ira De Ment on 9/16/2010. (cc, )

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G r e e n v. Boutwell et al (INMATE2) D o c . 16 THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION B A R R E T T GREEN, #245 124, P l a i n t if f , v. D I X IE C. BOUTWELL, et al. , D e f e n d a n ts . ) ) ) ) ) ) ) ) ) 2 : 1 0 -C V -43 6 -ID WO ORDER O n August 23, 2010, the Magistrate Judge filed a Recommendation (Doc.13) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case 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. 13) of the Magistrate Judge is ADOPTED; T h e 1983 claims presented against Defendants Thomas Head and William M o o re be DISMISSED with prejudice in accordance with the directives of 28 U . S . C . 1915(e)(2)(B)(i); 3. P la in tiff's challenge to the constitutionality of his conviction and/or sentence e n te r e d against him by the Circuit Court for Pike County be summarily D ISM ISSE D pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not p ro p e rly before the court at this time; and 4. T h i s case be DISMISSED prior to service of process. Dockets.Justia.com D o n e this 16 th day of September, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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