-CSC Echols v. State of Alabama et al (INMATE 2), No. 2:2011cv00277 - Document 10 (M.D. Ala. 2011)

Court Description: OPINION and ORDER: it is ORDERED and ADJUDGED as follows that: 1) The 7 Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2) The plf's challenge to the validity of his conviction and/or sentence be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(e)(2)(B)(ii); and 3) The complaint be and is hereby DISMISSED prior to service of process. Signed by Honorable Judge Ira De Ment on 6/16/2011. (wcl, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION D. C. ECHOLS, #165602, ) ) ) ) ) ) ) ) ) Plaintiff, v. STATE OF ALABAMA, et al., Defendants. CIVIL ACTION NO. 2:11cv277-ID (WO) OPINION and ORDER On May 25, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 7). 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 as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The plaintiff s challenge to the validity of his conviction and/or sentence be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(ii); and 3. The complaint be and is hereby DISMISSED prior to service of process. Done this 16th day of June, 2011. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE