Marks v. Price, et al (INMATE 2)

Filing 8

ORDER that 7 Report and Recommendations is ADOPTED; that plaintiff's § 1983 claims presented against Defendants Price and Kidd be are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) & (iii); that Plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama, is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)( ii) as such claims are not properly before the court at this time; that this case is DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). Signed by Honorable Judge Truman M. Hobbs on 12/21/2011. (cc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JULIUS MARKS, #191094,
Plaintiff,
v.
CHARLES PRICE, et al.,
Defendants.

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CIV. ACT. NO. 2:11cv865-TMH
(WO)

OPINION and ORDER
On December 1, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 7). 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:
1.

That the Recommendation of the Magistrate Judge be and is hereby

ADOPTED;
2.

That the plaintiff’s § 1983 claims presented against Defendants Price and Kidd

be and are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C.
§ 1915(e)(2)(B)(i) & (iii);
3.

That the Plaintiff’s challenge to the constitutionality of the conviction and

sentence imposed upon him by the Circuit Court of Montgomery County, Alabama, be and
is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. §

1915(e)(2)(B)(ii) as such claims are not properly before the court at this time.
4.

That this case be and is hereby DISMISSED prior to service of process in

accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
Done this the 21 st day of December, 2011.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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