Wimberly v. Auburn Police et al (INMATE 2)
||Auburn Police and Auburn Municipal Court
||February 5, 2010
||US District Court for the Middle District of Alabama
||Truman M. Hobbs
||Terry F. Moorer
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42 U.S.C. § 1983 Prisoner Civil Rights
|Jury Demanded By:
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|February 17, 2010
RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The § 1983 claims presented against the named defendants be DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 2. Plaintiff's challenge to the con stitutionality of the conviction and sentence imposed upon him by the Municipal Court of Auburn be 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; and 3. 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). Objections to R&R due by 3/3/2010. Signed by Honorable Terry F. Moorer on 2/17/2010. (br, )
|February 10, 2010
ORDER Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at Lee County Detention Center. Signed by Honorable Terry F. Moorer on 2/10/2010. (br, )
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