Bell et al v. Riley et al (INMATE 2), No. 2:2009cv01076 - Document 47 (M.D. Ala. 2012)

Court Description: ORDER that 45 Recommendation of the Magistrate Judge is ADOPTED; that Plaintiff's 46 Objection is OVERRULED; that Defendants' 25 and 30 motions for summary judgment on Plaintiff's § 1983 conditions of confinement, equal protection, and classification claims are GRANTED; that Plaintiff's challenge to the legality of his current incarceration is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); that Plaintiff's challenge to the Alabama Community Notification Act ("ACNA") is DISMISSED without prejudice for lack of subject matter jurisdiction; that an appropriate final judgment will be entered. Signed by Honorable Judge Mark E. Fuller on 7/9/2012. (cc, )
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Bell et al v. Riley et al (INMATE 2) Doc. 47 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DARRIUS BRYANT BELL, Plaintiff, v. BOB RILEY, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 2:09-CV-1076-MEF ORDER On May 31, 2012, the Magistrate Judge filed a Recommendation (Doc. # 45) in this case. Plaintiff has an Objection. (Doc. # 46). After an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. The Recommendation of the Magistrate Judge (Doc. # 45) is ADOPTED; 2. Plaintiff’s Objection (Doc. # 46) is OVERRULED; and, 3. Defendants’ motions for summary judgment (Docs. # 25, 30) on Plaintiff’s § 1983 conditions of confinement, equal protection, and classification claims are GRANTED; 4. Plaintiff’s challenge to the legality of his current incarceration is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and, 5. Plaintiff’s challenge to the Alabama Community Notification Act Dockets.Justia.com (“ACNA”) is DISMISSED without prejudice for lack of subject matter jurisdiction. An appropriate final judgment will be entered. DONE this the 9 th day of July, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE 2