Harris v. Elmore County District Attorney et al (INMATE 1)

Filing 5

OPINION and ORDER: It is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, and that the claims in this case be and are hereby DISMISSED with prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i),(ii) an d (iii), with the exception that Plaintiffs claim challenging the constitutionality of his current incarceration pursuant to the sentences imposed upon him by the District Court of Elmore County, Alabama be dismissed without prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(ii) as such claim is not properly before the court in this cause of action. Signed by Honorable Judge Truman M. Hobbs on 2/26/2013. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WILLIE JAMES HARRIS, JR.,
Plaintiff,
v.
ELMORE COUNTY D.A. OFFICE, et al,
Defendants.

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CASE NO. 2:13-cv-041-TMH
[wo]

OPINION and ORDER
On January 30, 2012, the Magistrate Judge filed a Recommendation in this case
dismissing this case prior to service of process pursuant to the directives of 28 U.S.C.§
1915(e)(2)(B)(i),(ii) and (iii) to which no timely objections have been filed. (Doc. No. 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 that the Recommendation of the Magistrate Judge
be and is hereby ADOPTED, and that the claims in this case be and are hereby
DISMISSED with prejudice pursuant to 28 U.S.C. § 1915 (e)(2)(B)(i),(ii) and (iii), with
the exception that Plaintiff’s claim challenging the constitutionality of his current
incarceration pursuant to the sentences imposed upon him by the District Court of Elmore
County, Alabama be dismissed without prejudice pursuant to 28 U.S.C. § 1915
(e)(2)(B)(ii) as such claim is not properly before the court in this cause of action.
Done this the 26th day of February, 2013.

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