Lamb v. Treadwell (INMATE 2)

Filing 6

ORDERED that: 1) The 5 Recommendation is ADOPTED; 2) Plf's § 1983 claims against Dft Mark Treadwell are DISMISSED with prejudice pursuant to 28 USC § 1915(e)(2)(B)(i); 3) To the extent that Plf seeks to challenge the constitutionalit y of the convictions and sentence imposed upon him by the Circuit Court of Tallapoosa County, Alabama, those claims are DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(e)(2)(B)(ii); and 4) This case is DISMISSED prior to service of process. Signed by Chief Judge William Keith Watkins on 10/22/2014. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JAMES BEAUFORD LAMB, JR.,
Plaintiff,
v.
MARK ALLEN TREADWELL,
Defendant.

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CASE NO. 3:14-CV-708-WKW

ORDER
This litigation is now before the court on the recommendation of the United
States Magistrate Judge entered on September 29, 2014, (Doc. # 5), that this case
be dismissed. No timely objections have been filed to the Recommendation. After
a review of the Recommendation and upon an independent review of the entire
record, it is ORDERED that:
1.

The Recommendation is ADOPTED;

2.

Plaintiff’s § 1983 claims against Defendant Mark Treadwell are

DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i);
3.

To the extent that Plaintiff seeks to challenge the constitutionality of

the convictions and sentence imposed upon him by the Circuit Court of Tallapoosa
County, Alabama, those claims are DISMISSED without prejudice pursuant to the
provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and

4.

This case is DISMISSED prior to service of process.

A separate final judgment will be entered.
DONE this 22nd day of October, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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