Barrow v. Ellis et al(INMATE 2)

Filing 17

ORDER, JUDGMENT and DECREE of the court that: (1) the plaintiff's 16 objection to the recommendation of the Mag Judge is overruled; (2) the 10 REPORT AND RECOMMENDATION of the Mag Judge is adopted; (3) the 1983 claims presented against defe ndants Scarbrough, McAliley, and Anderson are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) & (iii); (4) defendants Scarbrough, McAliley, and Anderson are DISMISSED as parties to the complaint; (5) plaintiff 's challenges to the constitutionality of his pending criminal charges are DISMISSED without prejudice pursuant to the provision of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and (6) this case, with respect to plf's complaint against defendant Ellis is referred back to the Mag Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 11/6/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CHRISTOPHER LEWIS BARROW,
Plaintiff,
v.
ANTHONY G. ELLIS, et al.,
Defendants.

)
)
)
)
)
)
)
)

CASE NO. 2:12-cv-0656-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. #16) filed on October 22, 2012 to the

Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #10) filed on October 4, 2012
is adopted;
3. The § 1983 claims presented against defendants Scarbrough, McAliley, and
Anderson are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. §
1915(e)(2)(B)(i) & (iii);
4. Defendants Scarbrough, McAliley, and Anderson are DISMISSED as parties to
the complaint;
5. Plaintiff's challenges to the constitutionality of his pending criminal charges are
DISMISSED without prejudice pursuant to the provision of 28 U.S.C. § 1915(e)(2)(B)(ii)

as such claims are not properly before the court at this time; and
6. This case, with respect to plaintiff's complaint against defendant Ellis is referred
back to the Magistrate Judge for further proceedings.
DONE this the 6th day of November, 2012.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

2