White v. Magruder et al (INMATE 1)
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|Date Filed||#||Document Text|
|November 29, 2010
ORDER AND OPINION, it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The plf's claim against Anne Magruder and Francis Magruder is DISMISSED with prejudice prior to service of pr ocess in accordance with the provisions of 28 USC § 1915(e)(2)(B)(I); 2) The plf's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, AL for theft of property is DISMISSED without prejudice pursuant to the provisions of 28 USC § 1915(3)(2)(B)(ii) as such claims are not properly brought before the court at this time. Signed by Honorable Ira De Ment on 11/29/2010. (wcl, )
|November 3, 2010
RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Inmate 1983 Complaint that (1) The plaintiff's claim against Anne Magruder and Francis Magruder be dismissed with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); (2) The plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama for theft of property be dismissed without prejudice pursuant to t he provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; further ORDERED that that on or before November 17, 2010 the parties may file objections to this Recommendation, as further set out. Signed by Honorable Susan Russ Walker on 11/3/10. (scn, )
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