Ford v. Child Support et al (INMATE 2)

Filing 7

ORDER directing that: 1) The 6 Recommendation of the Magistrate Judge is ADOPTED; and 2) Plf's claims against the Alabama Department of Human Resources be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 US C § 1915(e)(2)(B)(i); 3) Plf's challenge to the constitutionality of his current confinement 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 4) This case be DISMISSED prior to service of process pursuant to the provisions of 28 USC § 1915(e)(2)(B)(i)-(ii). Signed by Honorable Truman M. Hobbs on 6/7/2010. (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 G E R A L D BERNARD FORD, P l a i n t if f , v. C H IL D SUPPORT (DHR), et al. , D e f e n d a n ts . ) ) ) ) ) ) ) ) ) 3 : 1 0 -C V -3 0 4 -T M H WO ORDER O n May 10, 2010, the Magistrate Judge filed a Recommendation (Doc. 6) 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. 6) of the Magistrate Judge is ADOPTED; and P la in tif f 's claims against the Alabama Department of Human Resources be D IS M IS S E D with prejudice prior to service of process pursuant to the provisions of 2 8 U.S.C. 1915(e)(2)(B)(i); 3. P la in t if f 's challenge to the constitutionality of his current confinement be D IS M IS S E D without prejudice pursuant to the provisions of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii) as such claims are not properly before the court at this time; and 4. T h is case be DISMISSED prior to service of process pursuant to the provisions o f 28 U.S.C. 1915(e)(2)(B)(i)-(ii). A n appropriate judgment will be entered. D o n e this 7th day of June, 2010. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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