White v. Magruder et al (INMATE 1)

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 plf's claim against Anne Magruder and Francis Magruder is DISMISSED with prejudice prior to service of pr ocess in accordance with the provisions of 28 USC § 1915(e)(2)(B)(I); 2) The plf's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, AL for theft of property is DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(3)(2)(B)(ii) as such claims are not properly brought before the court at this time. Signed by Honorable Ira De Ment on 11/29/2010. (wcl, )

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-SRW White v. Magruder et al (INMATE 1) Doc. 5 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 SH AU N D R E EUGENE WHITE, A IS # 2 4 9 6 1 1 , P l a i n t if f , v. AN N E MAGRUDER, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10cv884-ID O R D E R AND OPINION O n November 3, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. No. 4). Upon an independent review of th e file 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 plaintiff's claim against Anne Magruder and Francis Magruder is D ISM ISSE D with prejudice prior to service of process in accordance with the provisions of 2 8 U.S.C. 1915(e)(2)(B)(I). 2. T h e plaintiff's challenge to the constitutionality of the conviction and sentence im p o s ed upon him by the Circuit Court of Montgomery County, Alabama for theft of Dockets.Justia.com p ro p e r t y is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. 1 9 1 5 (3)(2 ) (B )(ii) as such claims are not properly brought before the court at this time. Done this the 29 th day of November, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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