Royea v. Lee County Judicial System et al (INMATE2), No. 3:2008cv00866 - Document 6 (M.D. Ala. 2008)

Court Description: OPINION and ORDER that: (1) The 4 Recommendation of the United States Magistrate Judge is adopted; (2)The § 1983 claims presented against the named defendants are hereby DISMISSED with prejudice; (3) Plaintiff's challenge to the constitut ionality of his pending criminal charge be DISMISSED without prejudice as further set out; (4) This case be and is hereby DISMISSED prior to service of process in accordance with the directives further set out in order. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/3/2008. (cb, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WARREN ALFRED ROYEA, JR., Plaintiff, v. LEE COUNTY JUDICIAL SYS., et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:08cv866-TMH (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on November 3, 2008, (Doc. # 4), that this case be dismissed. After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be adopted. Accordingly, it is ORDERED and ADJUDGED 1. The § 1983 claims presented against the named defendants be and are hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 2. Plaintiff s challenge to the constitutionality of his pending criminal charge be DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and 3. This case be and is hereby DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). An appropriate judgment will be entered. Done this the 3rd day of December, 2008. /s/ Truman M. Hobbs _______________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2