Dailey v. Williams (INMATE 2)

Filing 5

ORDER that the 4 Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1) The § 1983 claims against the Dft are DISMISSED with prejudice under 28 USC § 1915(e)(2)(B)(i); 2) To the extent Plf's claims seek to challenge the c onstitutionality of the conviction and sentence imposed upon him by the Circuit Court for Montgomery County, Alabama, such claims are DISMISSED without prejudice under 28 USC § 1915(e)(2)(B)(ii) as they are not properly before the court at this time; 3) This complaint is DISMISSED prior to service of process; 4) Final Judgment will be entered accordingly. Signed by Honorable Judge W. Harold Albritton, III on 1/28/2016. (wcl, )

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

BRODRICK DAILEY, #193 638,
Plaintiff,
vs.
TRINA SANDERS WILLIAMS,
Respondent.

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CASE NO. 2:15cv-930-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #4),
entered on January 6, 2016. There being no timely objection filed to the Recommendation, and
after a review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as
follows:
1. The § 1983 claims against the Defendant are DISMISSED with prejudice under 28
U.S.C. § 1915(e)(2)(B)(i).
2. To the extent Plaintiff’s claims seek to challenge the constitutionality of the
conviction and sentence imposed upon him by the Circuit Court for Montgomery County,
Alabama, such claims are DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as
they are not properly before the court at this time.
3. This complaint is DISMISSED prior to service of process.
4. Final Judgment will be entered accordingly.

DONE this 28th day of January, 2016.

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