Opinion
CIVIL ACTION NO. 2:13cv680-WHA
03-05-2014
MORGAN JEROME BURTON, JR., #185425, a.k.a. Morgan Jerome Burton, Jr., El-Bey, Plaintiff, v. PRESIDENT PRO TEMPORE SENATORS, CHIEF JUSTICE JUDGES, LUTHER STRANGE, ALL SIXTY-SEVEN COUNTIES CIRCUIT JUDGES, ALL SIXTY-SEVEN COUNTIES DISTRICT ATTORNEYS, and ALABAMA BD. OF PARDONS and PAROLES, Defendants.
ORDER AND OPINION
On February 11, 2014, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 21). 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 ADOPTED 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) and 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).
W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE