Pugh v. Windom, et al. (INMATE 2)

Filing 16

ORDER directing that: 1. The plaintiff's objection (Doc. # 9 ) to the Recommendation of the Magistrate Judge is overruled; (2) The Recommendation of the Magistrate Judge (Doc. # 8 ) is adopted; (3) The § 1983 claims presented against Defend ants Windom, Dodd, and Strange are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) & (iii); (4) Plaintiff's challenges to the constitutionality of his probation revocation and/or the conviction and sentence imposed upon him by a state court are 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; (5) This case is DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). Signed by Honorable Judge Truman M. Hobbs on 11/21/13. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRANDON MARQUIS PUGH, #254312, )
)
Plaintiff,
)
v.
)
)
MARY B. WINDOM, et al.,
)
)
Defendants.
)

CASE NO. 2:13-cv-0509-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. #9) to the Recommendation of the Magistrate Judge
filed on October 18, 2013 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #8) entered on October 7,
2013 is adopted;
3. The § 1983 claims presented against Defendants Windom, Dodd, and Strange
are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. §
1915(e)(2)(B)(i) & (iii);
4. Plaintiff’s challenges to the constitutionality of his probation revocation and/or the
conviction and sentence imposed upon him by a state court are 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;
5. This case is DISMISSED prior to service of process in accordance with the

provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
DONE this the 21st day of November, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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