Bedwell v. Hand 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 Hand and Wilkes 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 his municipal court conviction(s) and sentence(s) imposed upon him by the Opelika Municipal Court be DISMISSED without prejudice pursuant to the provisions 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 4/29/2009. (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 P H IL L IP ANDREW BEDWELL, II, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 3:09-CV-294-TMH [W O ] J U D G E HAND, et al., Defendants. ORDER O n April 9, 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 Hand and Wilkes be DISMISSED w ith prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 (e)(2 )(B )(i) and/or (iii); 3. P lain tif f's challenge to the constitutionality of his municipal court c o n v ic tio n (s ) and sentence(s) imposed upon him by the Opelika Municipal C o u rt be 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 th is 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 29th day of April, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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