Sharpley v. Hamilton et al

Filing 11

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 8/21/12. (KGE, )

FILED
2012 Aug-21 PM 01:07
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
CHARLES HARRIS SHARPLEY,
Plaintiff
vs.
JUDGE LAURA JO HAMILTON,
et al.,
Defendants

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Case No. 5:12-cv-00044-LSC-HGD

MEMORANDUM OF OPINION
The magistrate judge filed a report on July 26, 2012 , recommending that this
action be dismissed without prejudice for failing to state a claim upon which relief
can be granted, pursuant to 28 U.S.C. § 1915A(b)(1) and (2). The plaintiff filed
objections to the report and recommendation on August 10, 2012. (Doc. 8).
Although this action was filed on the form normally used by prisoners to assert
monetary or injunctive relief claims for violations of constitutional rights, the plaintiff
now asserts that he did not intend to file this action as a § 1983 claim, but is seeking
relief from his conviction and sentence based upon an alleged denial of due process
and ineffective assistance of counsel. Id. at 3. As the magistrate judge correctly

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pointed out, the plaintiff may challenge the fact or duration of his confinement only
by way of a petition for writ of habeas corpus and only after first exhausting adequate
state remedies. He therefore may not pursue such remedies in this § 1983 action, but
must file a separate habeas corpus petition on the forms provided with this order.
Accordingly, this action is due to be dismissed without prejudice as recommended by
the magistrate judge.
Therefore, having carefully reviewed and considered de novo all the materials
in the court file, including the report and recommendation and the objections thereto,
the court is of the opinion that the magistrate judge’s report is due to be and is hereby
ADOPTED and the recommendation is ACCEPTED. This action is due to be
dismissed without prejudice for failing to state a claim upon which relief can be
granted, pursuant to 28 U.S.C. § 1915A(b)(1) and (2). A Final Judgment will be
entered.
The Clerk is DIRECTED to serve a copy of this order and two copies of the
§ 2254 habeas petition form on the plaintiff.
Done this 21st day of August 2012.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
160704

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