Brumfield v. Strange et al (INMATE 2)

Filing 25

ORDERED that: 1) The 20 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf's federal claims challenging events which occurred on or before 8/2/2007 are DISMISSED with prejudice pursuant to the directives of 28 USC § 1915(e)(2)(B)(i ), as further set out; 3) Plf's challenge to the validity of his confinement in the custody of the AL DOC is DISMISSED without prejudice in accordance with the directives of 28 USC § 1915(e)(2)(B)(ii); 4) Plf's pendent state law claim is DISMISSED without prejudice; and 5) This complaint is DISMISSED prior to service of process. Signed by Honorable Judge W. Harold Albritton, III on 8/28/2012. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
GEORGE ARTHUR BRUMFIELD,
#129 996,
Plaintiff,
v.
LUTHER STRANGE, et al.,
Defendants.

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) CIVIL ACTION NO. 2:12-CV-478-WHA
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ORDER
The Magistrate Judge entered a Recommendation (Doc. 20) 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. 20) of the Magistrate Judge is ADOPTED;

2.

Plaintiff’s federal claims challenging events which occurred on or before
August 2, 2007 are DISMISSED with prejudice pursuant to the directives of
28 U.S.C. § 1915(e)(2)(B)(i) as Plaintiff failed to file the complaint with
regard to these allegations within the time prescribed by the applicable period
of limitation;

3.

Plaintiff’s challenge to the validity of his confinement in the custody of the
Alabama Department of Corrections is DISMISSED without prejudice in

accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii);
4.

Plaintiff’s pendent state law claim is DISMISSED without prejudice; and

5.

This complaint is DISMISSED prior to service of process.

A separate judgment shall issue.
Done this 28th day of August, 2012.

/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE

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