Carter v. Valeska

Full title: MOSES CARTER, JR., Plaintiff, v. DOUG VALESKA, et al., Defendants

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

Date published: Dec 16, 2008

Civil Action No. 1:08cv858-TMH (WO) (M.D. Ala. Dec. 16, 2008)

Opinion

Civil Action No. 1:08cv858-TMH (WO).

December 16, 2008

ORDER

TRUMAN HOBBS, Senior District Judge

The Magistrate Judge filed a Recommendation (Doc. #6) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is

ORDERED that the RECOMMENDATION (Doc. #6) of the Magistrate Judge is ADOPTED. Plaintiff's 42 U.S.C. § 1983 claims against Defendants are DISMISSED with prejudice, in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i), for the reasons stated in the Magistrate Judge's Recommendation. Plaintiff's challenge to the constitutionality of his pending criminal charges and/or confinement is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) because such claim(s) are not properly before the Court at this time. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) (ii).

An appropriate judgment will be entered.