Wilkes v. Pinston, et al. (INMATE 1)

Filing 5

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 4 Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The Recommendation of the Magistrate Judge is ADOPTED; (2) The plaintiff's claims for declaratory relief with respect to orders issued/actions undertaken by the state court in his pending criminal cases are DISMISSED in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) ; (3) The plaintiff's claims for monetary damages against defendant Pinston are DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(iii); (4) The plaintiff's claims relative to pending criminal charges are DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); (5) This case is DISMISSED prior to service of process. Signed by Honorable Judge Mark E. Fuller on 7/1/14. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MAURISE WILKES,

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Plaintiff,
v.
JUDGE PINSTON, et al.,
Defendants.

CASE NO. 2:14-cv-389-MEF
WO

ORDER
On June 6, 2014, the Magistrate Judge filed a Recommendation (Doc. #4) in this case
to which no timely objections have been filed. Upon an independent review of the file in this
case and upon consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. The plaintiff's claims for declaratory relief with respect to orders issued/actions
undertaken by the state court in his pending criminal cases are DISMISSED in accordance
with the directives of 28 U.S.C. § 1915(e)(2)(B)(i).
3. The plaintiff's claims for monetary damages against defendant Pinston are
DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(iii).
4. The plaintiff's claims relative to pending criminal charges are DISMISSED without
prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii).
5. This case is DISMISSED prior to service of process.
DONE this the 1st day of July, 2014.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE