McHarris v. Gullage et al (MAG+)

Filing 7

ORDERm, JUDGMENT and DECREE of the court that; (1) the 6 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; (2) the plaintiff's claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) as to defendants Gullage and Myers are immune f rom plaintiff's claims for damages; (3) plf's claims against all defendants are barred by the statute of limitations, and plf may not pursue his claim for injunctive relief as to the sentence he is now serving through 42 USC 1983 ; (4) plf's 3 MOTION for Preliminary Injunction is DENIED. Signed by Honorable Judge Mark E. Fuller on 9/26/11. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
RONALD McHARRIS,

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Plaintiff,
v.
JAMES T. GULLAGE, et al.,
Defendants.

CASE NO. 3:11-cv-685-MEF

ORDER
On September 7, 2011, 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 case and upon consideration of the Recommendation of the Magistrate Judge, it
is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge is ADOPTED.
2. The plaintiff's claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B) as
to defendants Gullage and Myers are immune from plaintiff's claims for damages.
3. Plaintiff's claims against all defendants are barred by the statute of limitations, and
plaintiff may not pursue his claim for injunctive relief as to the sentence he is now serving
through 42 U.S.C. § 1983.
4. Plaintiff's motion for preliminary injunction (Doc. #3) is DENIED.
th

DONE this the 26 day of September, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE