Pelton v. Barns et al (INMATE 2)

Filing 5

ORDER directing that (1.) The 4 Recommendation of the Magistrate Judge is ADOPTED; (2.) Plaintiff's claim challenging the constitutionality of his bail/bond amount is DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915 (e)(2)(B)(i); (3.) Plaintiff's false imprisonment claim is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and (4.) This case is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 4/16/12. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION QUANTERIO PELTON, Plaintiff, v. LEE BARNS, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO.: 2:12-CV-221-TMH ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the court finds that the Recommendation should be adopted. Accordingly, it is ORDERED that 1. The Recommendation (Doc. #4) of the Magistrate Judge is ADOPTED; 2. Plaintiff’s claim challenging the constitutionality of his bail/bond amount is DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. Plaintiff’s false imprisonment claim is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and 4. This case is DISMISSED prior to service of process. A separate judgment shall issue. Done this 16th day of April, 2012. /s/ Truman M. Hobbs _______________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2

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