Rogers v. State of Alabama (INMATE 2)

Filing 6

ORDER that: 1. The plaintiff's objection 5 to the Recommendation of the Magistrate Judge filed on July 21, 2011 is overruled; 2. The Recommendation of the Magistrate Judge 4 filed on July 12, 2011 is adopted; 3. Plaintiff's petition for writ of mandamus against Defendant State of Alabama is DISMISSED as the Court lacks jurisdiction to grant the requested relief. 4. To the extent Plaintiff seeks to challenge the validity of his conviction and/or sentence, this action is DISMISSED without prejudice; see 28 U.S.C. § 1915(e)(2)(B)(ii). 5. The petition is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 9/14/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JASON E. ROGERS, #254 032,
Plaintiff,
v.
STATE OF ALABAMA,
Defendant.

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CASE NO. 2:11-cv-533-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #5) to the Recommendation of the Magistrate Judge
filed on July 21, 2011 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #4) filed on July 12, 2011 is
adopted;
3. Plaintiff's petition for writ of mandamus against Defendant State of Alabama is
DISMISSED as the Court lacks jurisdiction to grant the requested relief.
4. To the extent Plaintiff seeks to challenge the validity of his conviction and/or
sentence, this action is DISMISSED without prejudice; see 28 U.S.C. § 1915(e)(2)(B)(ii).
5. The petition is DISMISSED prior to service of process.
DONE this the 14th day of September, 2011.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE