Thompson v. Upshaw (INMATE 1), No. 2:2009cv00214 - Document 7 (M.D. Ala. 2009)
Court Description: ORDER AND OPINION, it is ORDERED and ADJUDGED that the 6 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claims presented against Paul Brunson and Ben Reeve are DISMISSED with prejudice prior to service o f process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I), (ii) and (iii); (2) The plf's challenges to the constitutionality of the criminal charge pending against him before the Circuit Court of Barbour County, Alabama, a re DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; (3) This case, with respect to the plaintiff's claim against Leroy Upshaw alleging a two-day period of illegal imprisonment on a detainer lodged by another state, is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Truman M. Hobbs on 4/22/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JOSEPH THOMPSON, ) ) ) ) ) ) ) ) ) Plaintiff, v. LEROY UPSHAW, et al., Defendants. CIVIL ACTION NO. 2:09cv214-TMH ORDER AND OPINION On April 2, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 6). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The plaintiff s claims presented against Paul Brunson and Ben Reeve are DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I), (ii) and (iii). 2. The plaintiff s challenges to the constitutionality of the criminal charge pending against him before the Circuit Court of Barbour County, Alabama, are DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time. 3. This case, with respect to the plaintiff s claim against Leroy Upshaw alleging a two-day period of illegal imprisonment on a detainer lodged by another state, is referred back to the Magistrate Judge for additional proceedings. Done this the 22nd day of April, 2009. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2
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