Barnes v. Greene et al (INMATE 1), No. 3:2012cv00127 - Document 5 (M.D. Ala. 2012)
Court Description: OPINION AND ORDER directing that (1.) The 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED; (2.) The plaintiff's claims seeking relief in a pending state civil action be and is hereby DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); (3.) To the extent the complaint presents claims which challenge the constitutionality of a conviction imposed upon the plaintiff by the Circuit Court of Russell Coun ty, Alabama, the complaint be and is hereby DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii), as further set out; (4.) This case be dismissed prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Truman M. Hobbs on 4/13/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DEMARIO SHAWN BARNES, #275286, ) ) Plaintiff, ) ) v. ) ) JUDGE GEORGE R. GREENE, et al., ) ) Defendants. ) CIV. ACT. NO. 3:12cv127-TMH (WO) OPINION and ORDER On March 20, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). 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 claims seeking relief in a pending state civil action be and is hereby DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). 3. To the extent the complaint presents claims which challenge the constitutionality of a conviction imposed upon the plaintiff by the Circuit Court of Russell County, Alabama, the complaint be and is hereby 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. 4. This case be dismissed prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Done this the 13 th day of April, 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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