Sykes v. Giles et al (INMATE 1)

Filing 5

ORDER directing that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED, and 2) To the extent Sykes seeks habeas corpus relief, the instant application be DENIED; 3) To the extent Sykes seeks relief under 42 USC § 1983 for an alleged violation of his due process rights, the case be DISMISSED with prejudice pursuant to the provisions of 28 USC § 1915(e)(2)(B)(i); 4) The assertion of a right to the criminal prosecution of a correctional officer be summarily DISMISSED; and 5) This case be DISMISSED with prejudice. Signed by Honorable Truman M. Hobbs on 3/11/2011. (wcl, )

-TFM Sykes v. Giles et al (INMATE 1)

Doc. 5

THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION AUNDRA E. SYKES, #113987, Petitioner, v. J.C. GILES, et al., Respondents. ORDER On January 31, 2011, 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 case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. 2. 3. The Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED, and To the extent Sykes seeks habeas corpus relief, the instant application be DENIED; To the extent Sykes seeks relief under 42 U.S.C. § 1983 for an alleged violation of his due process rights, the case be DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 4. The assertion of a right to the criminal prosecution of a correctional officer be summarily DISMISSED; and 5. This case be DISMISSED with prejudice. ) ) ) ) ) ) ) ) )

2:11-CV-64-TMH WO

An appropriate judgment will be entered.

Dockets.Justia.com

Done this 11th day of March, 2011. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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