Merrill v. West et al (INMATE1)

Filing 6

ORDERING and ADJUDGING as follows: (1) the 4 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED; (2) plf's claims against the Eufaula Police Dept be and are hereby DISMISSED with prejudice pursuant to the directives of 28 U.S. C. 1915(e)(2)(B)(i) as they provide no basis for relief under the provisions of 42 U.S.C. 1983; (3) to the extent that the plf presents claims challenging the constitutionality of the controlled substance conviction imposed upon by the Circuit Court of Barbour County, AL, these claims be and are hereby DISMISSED without prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii); (4) this case be and is hereby DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Mark E. Fuller on 8/17/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES MERRILL, JR., #172689,

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Plaintiff,
v.
J.C. WEST, et al.,
Defendants.

CIV. ACT. NO. 2:11cv505-MEF

ORDER
On July 11, 2011, the Magistrate Judge filed a Recommendation in this case to which
no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in
this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED.

2.

The plaintiff’s claims against the Eufaula Police Department be and are hereby

DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i) as they
provide no basis for relief under the provisions of 42 U.S.C. § 1983.
3.

To the extent that the plaintiff presents claims challenging the constitutionality

of the controlled substance conviction imposed upon by the Circuit Court of Barbour County,
Alabama, these claims be and are hereby DISMISSED without prejudice pursuant to the
directives of 28 U.S.C. § 1915(e)(2)(B)(ii).

4.

This case be and is hereby DISMISSED prior to service of process pursuant

to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
th

Done this the 17 day of August 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE