Bullard v. Denson et al (INMATE 2)

Filing 5

ORDER directing that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED; and 2) The 1983 claims presented against Judges Denson, Smithart, Young, and Fuller be DISMISSED with prejudice in accordance with the directives of 28 USC 1915(e)(2) (B)(i) and/or (iii); 3) Plf's challenge to the constitutionality of the convictions and sentences imposed upon him by the Circuit Courts for Lee, Barbour, Elmore, and Tallapoosa Counties, Alabama be DISMISSED without prejudice pursuant to the pr ovisions of 28 USC 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; and 3) This complaint be DISMISSED prior to service of process; An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 4/28/2009. (wcl, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION H A R O L D DOUGLAS BULLARD, # 2 2 5 596 Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) 3:09-CV-224-TMH [W O ] J U D G E DENSON, LEE COUNTY, et al., Defendants. ORDER O n April 8, 2009, 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 c a se and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. T h e Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED; and T h e 1983 claims presented against Judges Denson, Smithart, Young, and F u lle r be DISMISSED with prejudice in accordance with the directives of 28 U .S .C . 1915(e)(2)(B)(i) and/or (iii); 3. P la in tif f 's challenge to the constitutionality of the convictions and sentences im p o s e d upon him by the Circuit Courts for Lee, Barbour, Elmore, and T a llap o o sa Counties, Alabama be DISMISSED without prejudice pursuant to th e provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly b e f o re the court at this time; and 3. T h i s complaint be DISMISSED prior to service of process. A n appropriate judgment will be entered. D o n e this 28th day of April, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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