Barnes v. Greene et al (INMATE 1)

Filing 5

OPINION AND ORDER directing that (1.) The 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED; (2.) The plaintiff's claims seeking relief in a pending state civil action be and is hereby DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); (3.) To the extent the complaint presents claims which challenge the constitutionality of a conviction imposed upon the plaintiff by the Circuit Court of Russell Coun ty, Alabama, the complaint be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii), as further set out; (4.) This case be dismissed prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Truman M. Hobbs on 4/13/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
DEMARIO SHAWN BARNES, #275286, )
)
Plaintiff,
)
)
v.
)
)
JUDGE GEORGE R. GREENE, et al.,
)
)
Defendants.
)

CIV. ACT. NO. 3:12cv127-TMH
(WO)

OPINION and ORDER
On March 20, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 4). Upon an independent review of the
file in this case and upon consideration of the Recommendation of the Magistrate Judge, it
is
ORDERED and ADJUDGED as follows that:
1.

The Recommendation of the Magistrate Judge be and is hereby ADOPTED;

2.

The plaintiff’s claims seeking relief in a pending state civil action be and is

hereby DISMISSED with prejudice prior to service of process in accordance with the
directives of 28 U.S.C. § 1915(e)(2)(B)(ii).
3.

To the extent the complaint presents claims which challenge the

constitutionality of a conviction imposed upon the plaintiff by the Circuit Court of Russell
County, Alabama, the complaint be and is hereby 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 this time.
4.

This case be dismissed prior to service of process in accordance with the

directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
Done this the 13 th day of April, 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE