Burton et al v. President Pro Tempore Senators et al (INMATE 2)
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|Date Filed||#||Document Text|
|March 5, 2014
ORDER AND OPINION directing that, 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 that the Recommendation of the Magistrate Judge be and is hereby AD OPTED and that: (1) The claims presented by Plaintiff under the Federal Tort Claims Act are DISMISSED with prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(i); (2) Plaintiff's challenges to the constitutionality of his conviction(s) a nd resulting incarceration are DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as these claims are not properly brought before the court in this cause of action; (3) This case is 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 W. Harold Albritton, III on 3/5/14. (scn, )
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