Green v. 12th Judicial Circuit of Alabama et al (INMATE2)

Filing 12

ORDER that: 1. The plaintiff's objection 11 to the Recommendation of the Magistrate Judge filed on February 3, 2012 is overruled; 2. The Recommendation of the Magistrate Judge 10 filed on January 30, 2012 is adopted; 3. The § 1983 claim s presented against defendants Larry Jarrell, William Moore, Esq., and the 12th Judicial Circuit of Alabama are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii). 4. Plaintiff's challeng es to the constitutionality of the conviction(s) and/or sentence(s) imposed upon him by a court within the 12 Judicial Circuit of Alabama are DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such alims are not properly before the court at this time. 5. The complaint is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 2/28/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BARRETT GREEN, #245124,

)
)
Plaintiff,
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v.
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)
12th JUDICIAL CIRCUIT OF ALABAMA,)
et al.,
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)
Defendants.
)

CASE NO. 2:11-cv-867-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. #11) to the Recommendation of the Magistrate
Judge filed on February 3, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #10) filed on January 30,
2012 is adopted;
3. The § 1983 claims presented against defendants Larry Jarrell, William Moore,
Esq., and the 12th Judicial Circuit of Alabama are DISMISSED with prejudice in accordance
with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii).
4. Plaintiff's challenges to the constitutionality of the conviction(s) and/or sentence(s)
imposed upon him by a court within the 12 Judicial Circuit of Alabama are DISMISSED
without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such alims
are not properly before the court at this time.

5. The complaint is DISMISSED prior to service of process.
DONE this the 28th day of February, 2012.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE

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