Opinion
3:10-CV-304-TMH WO.
June 7, 2010
ORDER
On May 10, 2010, the Magistrate Judge filed a Recommendation (Doc. 6) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that:
1. The Recommendation (Doc. 6) of the Magistrate Judge is ADOPTED; and
2. Plaintiff's claims against the Alabama Department of Human Resources be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i);
3. Plaintiff's challenge to the constitutionality of his current confinement 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
4. This case be DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)-(ii).
An appropriate judgment will be entered.