HALL v. PATE

Full title: KENTON M. HALL, Plaintiff, v. MONICA PATE, et al., Defendants

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Nov 16, 2007

Case No. 2:07-cv-0766-WKW (M.D. Ala. Nov. 16, 2007)

Opinion

Case No. 2:07-cv-0766-WKW.

November 16, 2007

ORDER

W. WATKINS, District Judge

On October 15, 2007, the Magistrate Judge filed a Recommendation (Doc. # 12) in this case to which the plaintiff filed a timely objection. (Doc. # 13.) Upon an independent and de novo review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that:

1. The Report and Recommendation (Doc. # 12) is ADOPTED;

2. The plaintiff's objection (Doc. # 13) is OVERRULED;

3. Plaintiff's 42 U.S.C. § 1983 claims are DISMISSED WITH PREJUDICE prior to service of process in accordance with 28 U.S.C. § 1915(e)(2)(B)(i), (ii), and (iii);

4. To the extent the plaintiff presents claims challenging the constitutionality of criminal charges pending against him before the Circuit Court of Elmore County, Alabama, these claims are DISMISSED WITHOUT PREJUDICE in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii);

5. This case is DISMISSED.

An appropriate judgment will be entered.