Purnell v. State of Alabama (INMATE 2)

Filing 6

OPINION and ORDER: it is ORDERED and ADJUDGED as follows that: 1) The 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2) The plf's § 1983 claims be and are hereby DISMISSED with prejudice prior to service of process und er 28 USC § 1915(e)(2)(B)(i) and (iii); 3) The plf's challenge to the constitutionality of his conviction and/or sentence under which he is currently incarcerated be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and 4) This case be and is hereby DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 1/30/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ADRIAN PURNELL, #228442,

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Plaintiff,
v.
STATE OF ALABAMA,
Defendant.

CIV. ACT. NO. 2:12cv1045-TMH
(WO)

OPINION and ORDER
On December 18, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 4). Upon an independent review of the
file in this case and upon consideration of the Recommendation of the Magistrate Judge, it
is
ORDERED and ADJUDGED as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

The plaintiff’s § 1983 claims be and are hereby DISMISSED with prejudice

prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);
3.

The plaintiff’s challenge to the constitutionality of his conviction and/or

sentence under which he is currently incarcerated be and is hereby DISMISSED without
prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not
properly before the court at this time; and
4.

This case be and is hereby DISMISSED prior to service of process.

Done this the 30th day of January, 2013

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