Holloway v. Newsome

Full title: ROSCOE HOLLOWAY, Plaintiff, v. AMY NEWSOME, et al., Defendants

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

Date published: Feb 15, 2006

Civil Action No. 3:06cv25-MEF (M.D. Ala. Feb. 15, 2006)

Opinion

Civil Action No. 3:06cv25-MEF.

February 15, 2006

ORDER

MARK FULLER, District Judge

There being no objections¹ filed to the Recommendation of the Magistrate Judge (Doc. # 2) filed herein on January 18, 2006, said Recommendation is hereby ADOPTED, and it is the

1 On February 1, 2006, Plaintiff filed a Motion to Reconsider or in the Alternate [sic] Notice of Appeal to the 11th Circuit Court of Appeals (Doc. # 6) instead of filing an objection to the Recommendation of the Magistrate Judge. The Magistrate Judge reviewed and denied this motion. Even if this Court were to construe this filing as an objection to the Magistrate Judge's Recommendation, it is without merit and due to be OVERRULED.

ORDER, JUDGMENT and DECREE of the court that:

1. The claims presented against defendant Newsome are DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I);

2. Plaintiff's challenges to the indictment and criminal charge pending against him before the Circuit Court of Randolph County, Alabama are DISMISSED without prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii); and

3. This case is DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I) and (ii).