Rutland v. State of Alabama et al

Filing 19

MEMORANDUM OF OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 07/01/13. (SPT )

FILED
2013 Jul-01 PM 12:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

CLARENCE J. RUTLAND,
Plaintiff,
vs.
STATE OF ALABAMA, et al.,
Defendants.

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Case No. 5:13-cv-00337-CLS-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on April 3, 2013,
recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed
pursuant to 28 U.S.C. § 1915(e)(2)(B) as to any challenge by plaintiff to his state
court convictions and as to defendants Cecilia Pope, Pride Tompkins, Curtis Simpson,
the Alabama Prison Commissioner, United States District Judge Inge Johnson and
United States District Judge Karon Bowdre.

The magistrate judge further

recommended that the action, if construed as seeking federal habeas corpus relief with
respect to any state court convictions, be denied as barred by the statute of limitations
in 28 U.S.C. § 2244(d), and, if construed as a Motion to Vacate, Set Aside or Correct
Sentence pursuant to 28 U.S.C. § 2255 with respect to his federal conviction, be
denied as barred by the statute of limitations in 28 U.S.C. § 2255(f). Finally, the
magistrate judge recommended that the claims against defendant Ike Harris be

transferred to the United States District Court for the Middle District of Alabama for
all further proceedings. Plaintiff filed objections to the report and recommendation
on April 10, 2013.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation and plaintiff’s objections thereto, the
court is of the opinion that the magistrate judge’s report is due to be, and it hereby is,
ADOPTED, and the recommendation is ACCEPTED. Accordingly, the complaint is
due to be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) as to any challenge by
plaintiff to his state court convictions and as to defendants Cecilia Pope, Pride
Tompkins, Curtis Simpson, the Alabama Prison Commissioner, United States District
Judge Inge Johnson and United States District Judge Karon Bowdre. The complaint,
if construed as seeking federal habeas corpus relief with respect to any state court
convictions, is due to be denied as barred by the statute of limitations in 28 U.S.C.
§ 2244(d), and, if construed as a Motion to Vacate, Set Aside or Correct Sentence
pursuant to 28 U.S.C. § 2255 with respect to his federal conviction, is due to be
denied as barred by the statute of limitations in 28 U.S.C. § 2255(f). The claims
against defendant Ike Harris are due to be transferred to the United States District
Court for the Middle District of Alabama for all further proceedings. A Final
Judgment and Order of Transfer will be entered.

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DONE this 1st day of July, 2013.

______________________________
United States District Judge

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