Bass v. Landreau (INMATE 2)

Filing 7

ORDERED as follows: 1) Plf's 5 Objection be and the same is hereby OVERRULED; 2) The 4 Recommendation of the Magistrate Judge be and the same is hereby ADOPTED; 3) The § 1983 claims presented against Dft Landreau be and the same are her eby DISMISSED with prejudice in accordance with the directives of 28 USC § 1915(e)(2)(B)(i); 4) Plf's challenge to the constitutionality of his conviction and/or sentence imposed upon him by the Circuit Court of Russell County, Alabama, be and the same is hereby DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(e)(2)(B)(ii) because such claims are not properly before the court at this time; and 5) The 1 Complaint be and the same is hereby DISMISSED prior to service of process. Signed by Chief Judge William Keith Watkins on 7/29/2011. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
MARK CEDRIC BASS, SR.,

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Plaintiff,
v.
DISTRICT ATTORNEY,
BUSTER LANDREAU
Defendant.

3:11-CV-453-ID
(WO)

ORDER
Before the court are the Recommendation of the Magistrate Judge, (Doc. #4), and
Plaintiff’s Objection, (Doc. #5). Having conducted a de novo determination of those
portions of the Recommendation to which objections are made, it is CONSIDERED and
ORDERED as follows:
1.

Plaintiff’s Objection (Doc. #5) be and the same is hereby OVERRULED;

2.

The Recommendation of the Magistrate Judge, (Doc. #4), be and the same
is hereby ADOPTED;

3.

The § 1983 claims presented against Defendant Landreau be and the same
are hereby DISMISSED with prejudice in accordance with the directives of
28 U.S.C. § 1915(e)(2)(B)(i);

4.

Plaintiff’s challenge to the constitutionality of his conviction and/or
sentence imposed upon him by the Circuit Court of Russell County,

Alabama, be and the same is hereby DISMISSED without prejudice
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) because such
claims are not properly before the court at this time; and
5.

The complaint (Doc. #1) be and the same is hereby DISMISSED prior to
service of process.

DONE this the 29th day of July, 2011.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE