Jarnagin v. Court of Chambers County et al (INMATE 2)

Filing 5

ORDERED that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED; 2) The § 1983 claims presented against the named dfts are DISMISSED with prejudice in accordance with the directives of 28 USC § 1915(e)(2)(B)(i); 3) Plf's cha llenge to the constitutionality of the conviction and/or sentence imposed upon her by the Circuit Court for Chambers County, Alabama, is 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 is DISMISSED prior to service of process in accordance with the directives of 28 USC § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Truman M. Hobbs on 9/18/2012. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TONYA YVONNE JARNAGIN,
Plaintiff,
v.
COURT OF CHAMBERS COUNTY,
et al.,
Defendants.

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) CIVIL ACTION NO. 3:12-CV-558-TMH
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ORDER
The Magistrate Judge entered a Recommendation (Doc. 4) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1. The Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED;
2. The § 1983 claims presented against the named defendants are DISMISSED with
prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i);
3. Plaintiff’s challenge to the constitutionality of the conviction and/or sentence
imposed upon her by the Circuit Court for Chambers County, Alabama, is 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; and

4. This case is DISMISSED prior to service of process in accordance with the
directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
A separate judgment shall issue.
Done this 18th day of September, 2012.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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