Wimberly v. Auburn Police et al (INMATE 2)

Filing 5

ORDER adopting the 4 Recommendation of the Magistrate Judge; dismissing the § 1983 claims presented against the named defendants with prejudice in accordance with the directives of 28 U.S.C. §1915(e)(2)(B)(i); dismissing Plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Municipal Court of Auburn 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 this time; and dismissing this case prior to service of process under 28 U.S.C. § 2 1915(e)(2)(B)(i) and (ii). Signed by Honorable Truman M. Hobbs on 3/12/2010. (br, )

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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 D A R R E L L WIMBERLY, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 3:10-CV-99-TMH [W O ] A U B U R N POLICE, et al., Defendants. ORDER O n February 17, 2010, the Magistrate Judge filed a Recommendation (Doc. 4) in this c a se 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 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 the named defendants be DISMISSED w ith prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( i) ; 3. P la in tif f 's challenge to the constitutionality of the conviction and sentence im p o s e d upon him by the Municipal Court of Auburn be DISMISSED without p re ju d ic e pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii), as such c la im s are not properly before the court at this time; and 4. T h is case be DISMISSED prior to service of process under 28 U.S.C. 1 9 1 5 (e)(2 )(B )(i) and (ii). An appropriate judgment will be entered. D o n e this 12th day of March, 2010. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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