Miles v. Freeman et al (INMATE 1), No. 1:2014cv00665 - Document 6 (M.D. Ala. 2014)
Court Description: JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT and DECREE of the court as follows: (1) the US magistrate Judge's 4 Report and Recommendation is adopted; (2) this lawsuit is dismissed as follow s: (A) The plaintiff's claims against defendants State of Alabama, Benjamin Freeman, and Brady E. Mendheim, Jr. are dismissed with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), (ii), and (iii); (B) To the extent t he plaintiff presents claims challenging the constitutionality of his state-court conviction and his incarceration resulting from this conviction, these claims are dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) because these claims are not cogniz able in the instant civil action; further ORDERING that costs are taxed against the plaintiff, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 7/31/14. (Attachments: # 1 civil appeals checklist)(djy, )
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