Guthrie v. Alabama Board of Pardon & Paroles et al (INMATE 2)

Filing 10

ORDER as follows: (1) The 5 Objections are overruled; (2) The 3 Recommendation is ADOPTED; (3) the the § 1983 claims against Defendants are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and/or (iii);(4) Plaintiffs ch allenge to the constitutionality of the convictions and sentence imposed upon him by the Circuit Court for Tallapoosa County, Alabama, is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time; and (5) because a prior Order permitted Plaintiff to amend his complaint (Doc. 7 ) after the entry of the Recommendation, this action is REFERRED back to the Magistrate Judge for additional proceedings. Signed by Chief Judge William Keith Watkins on 11/12/2014. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CHRISTOPHER W. GUTHRIE, # 249 236, Plaintiff, v. ALABAMA BOARD OF PARDONS AND PAROLES, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:14-CV-716-WKW ORDER On October 1, 2014, the Magistrate Judge filed a Recommendation (Doc. # 3) to which Plaintiff timely filed objections (Doc. # 5). Based upon an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), it is ORDERED as follows: (1) The objections (Doc. # 5) are overruled; (2) the Recommendation (Doc. # 3) is ADOPTED; (3) the § 1983 claims against Defendants are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and/or (iii); (4) Plaintiff’s challenge to the constitutionality of the convictions and sentence imposed upon him by the Circuit Court for Tallapoosa County, Alabama, is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time; and (5) because a prior Order permitted Plaintiff to amend his complaint (Doc. # 7) after the entry of the Recommendation, this action is REFERRED back to the Magistrate Judge for additional proceedings. DONE this 12th day of November, 2014. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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