Collins v. Montgomery County Detention Facility et al (INMATE 2)

Filing 5

ORDER that: 1. The Recommendation 4 of the Magistrate Judge is ADOPTED; 2. The § 1983 claims presented against the named defendants are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 3. Plainti ff's challenge to the constitutionality of his confinement and/or conviction imposed upon him by an Alabama state court is DISMISSED without prejudice as further set out; 4. This case is DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). A separate judgment shall issue. Signed by Honorable Judge W. Harold Albritton, III on 7/22/2013. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
FRANKLIN D. COLLINS, JR.,
Plaintiff,
v.
MONTGOMERY COUNTY
DETENTION FACILITY, et al.,
Defendants.

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) CIVIL ACTION NO. 2:13-CV-423-WHA
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ORDER

The Magistrate Judge entered a Recommendation (Doc. 4) 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. 4) of the Magistrate Judge is ADOPTED;
2. The § 1983 claims presented against the named defendants are DISMISSED with
prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i);
3. Plaintiff’s challenge to the constitutionality of his confinement and/or conviction
imposed upon him by an Alabama state court is 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 is DISMISSED prior to service of process in accordance with the

provisions of 28 U.S.C. § 1915(e)(2)(B)(i) & (ii).
A separate judgment shall issue.
Done this 22nd day of July, 2013.

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

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