Surles v. Lee County Circuit Court et al (INMATE 2), No. 3:2018cv00599 - Document 6 (M.D. Ala. 2018)
Court Description: OPINION and ORDER: the 4 Recommendation of the Magistrate Judge is ADOPTED and it is ORDERED as follows: 1) Plf's 42 USC 1983 claims against Dfts are DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 2) Plf's request for injuncti ve relief which would entail intervention by this court into the pending state criminal proceedings is DISMISSED without prejudice under the Younger abstention doctrine so Plf may pursue his claims in the state courts; and 3) This case is DISMISSED prior to service of process. Signed by Honorable Judge Emily C. Marks on 8/31/2018. (wcl, )
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Surles v. Lee County Circuit Court et al (INMATE 2) Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION ALTON LeVON SURLES, Plaintiff, v. LEE COUNTY CIRCUIT COURTS, et al., Defendants. ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 3:18cv599-ECM [WO] OPINION and ORDER Before the court is the Recommendation of the Magistrate Judge entered July 9, 2018 (doc. # 4). There being no timely objection filed to the Recommendation, and based on an independent and de novo review of the record, the Recommendation of the Magistrate Judge (Doc. 4) is ADOPTED and it is ORDERED as follows: 1. Plaintiff’s 42 U.S.C. § 1983 claims against Defendants are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); 2. Plaintiff’s request for injunctive relief which would entail intervention by this court into the pending state criminal proceedings is DISMISSED without prejudice under the Younger abstention doctrine so Plaintiff may pursue his claims in the state courts; and 3. This case is DISMISSED prior to service of process. A Final Judgment will be entered separately. DONE this 31st day of August, 2018. /s/ Emily C. Marks EMILY C. MARKS UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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