Williams v. ABC Board et al (INMATE 2)

Filing 4

OPINION and ORDER: It is ORDERED and ADJUDGED that the 3 Recommendation of the Magistrate Judge be and is hereby ADOPTED, that Plaintiff's complaint against the Alabama Alcoholic Beverage Control Board, the Troy Police Department, and the Pike County Sheriffs Department is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), the challenge to the constitutionality of the conviction and sentence imposed by the Circuit Court for Pike County, Alabama, is DISMISSED without p rejudice pursuant to 28 U.S.C.§ 1915(e)(2)(B)(ii), and that this case be DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). Signed by Honorable Judge Truman M. Hobbs on 5/18/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CHARLES WILLIAMS,
Plaintiff,
v.
ABC BOARD, et al.,
Defendants.

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CASE NO. 2:12-cv-341-TMH
[wo]

OPINION and ORDER
On April 18, 2012, the Magistrate Judge filed a Recommendation in this case that
the charges against Defendants the Alabama Alcoholic Beverage Control Board, the Troy
Police Department, and the Pike County Sheriff’s Department be dismissed in accordance
with 28 U.S.C. § 1915(e)(2)(B)(i), that the challenge to the constitutionality of the
conviction and sentence imposed upon him by the Circuit Court for Pike County,
Alabama be dismissed pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as
improper before this Court, and to dismiss the case prior to the service of process based
on 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). (Doc. No. 3). Wherefore, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge
be and is hereby ADOPTED, that Plaintiff’s complaint against the Alabama Alcoholic
Beverage Control Board, the Troy Police Department, and the Pike County Sheriff’s
Department is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), the
challenge to the constitutionality of the conviction and sentence imposed by the Circuit

Court for Pike County, Alabama, is DISMISSED without prejudice pursuant to 28 U.S.C.
§ 1915(e)(2)(B)(ii), and that this case be DISMISSED prior to service of process in
accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).
DONE this 18th day of May, 2012.

/s/ TRUMAN M. HOBBS
UNITED STATES DISTRICT JUDGE

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