Surles v. Lee County Circuit Court et al (INMATE 2)

Filing 6

OPINION and ORDER: the 4 Recommendation of the Magistrate Judge is ADOPTED and it is ORDERED as follows: 1) Plf's 42 USC 1983 claims against Dfts are DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 2) Plf's request for injuncti ve relief which would entail intervention by this court into the pending state criminal proceedings is DISMISSED without prejudice under the Younger abstention doctrine so Plf may pursue his claims in the state courts; and 3) This case is DISMISSED prior to service of process. Signed by Honorable Judge Emily C. Marks on 8/31/2018. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
ALTON LeVON SURLES,
Plaintiff,
v.
LEE COUNTY CIRCUIT COURTS, et al.,
Defendants.

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CIV. ACT. NO. 3:18cv599-ECM
[WO]

OPINION and ORDER
Before the court is the Recommendation of the Magistrate Judge entered July 9,
2018 (doc. # 4). There being no timely objection filed to the Recommendation, and based
on an independent and de novo review of the record, the Recommendation of the Magistrate
Judge (Doc. 4) is ADOPTED and it is ORDERED as follows:
1. Plaintiff’s 42 U.S.C. § 1983 claims against Defendants are DISMISSED with
prejudice under 28 U.S.C. § 1915(e)(2)(B)(i);
2. Plaintiff’s request for injunctive relief which would entail intervention by this
court into the pending state criminal proceedings is DISMISSED without prejudice under
the Younger abstention doctrine so Plaintiff may pursue his claims in the state courts; and
3. This case is DISMISSED prior to service of process.
A Final Judgment will be entered separately.
DONE this 31st day of August, 2018.
/s/ Emily C. Marks
EMILY C. MARKS
UNITED STATES DISTRICT JUDGE