Coleman v. State of Alabama et al (INMATE 2)

Filing 11

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The plaintiff's 10 objection to the Recommendation of the Magistrate Judge is overruled; (2) The 4 Recommendation of t he Magistrate Judge is adopted; (3) The plaintiff's challenge to the validity of his conviction and/or sentence is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) and the complaint is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 6/14/13. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JOHN STEPHEN COLEMAN ) ) ) ) ) ) ) ) Plaintiff, v. STATE OF ALABAMA, et al., Defendants. CASE NO. 2:13-cv-0066-MEF [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. #10) to the Recommendation of the Magistrate Judge filed on May 1, 2013 is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #4) entered on May 7, 2013 is adopted; 3. The plaintiff's challenge to the validity of his conviction and/or sentence is DISMISSED without prejudice under 28 U.S.C. ยง 1915(e)(2)(B)(ii) and the complaint is DISMISSED prior to service of process. Done this the 14th day of June, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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