Pearson v. Brooks

Full title: CHARLES A. PEARSON, #182691, Plaintiff, v. ELLEN BROOKS, et al., Defendants

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

Date published: Oct 17, 2006

Case No. 2:06-cv-828-MEF (M.D. Ala. Oct. 17, 2006)

Opinion

Case No. 2:06-cv-828-MEF.

October 17, 2006

ORDER

MARK FULLER, District Judge

There being no objections filed to the Recommendation of the Magistrate Judge entered on September 20, 2006 (Doc. #3), as amended on September 26, 2006 (Doc. #7), said Recommendation is hereby adopted and it is the

ORDER, JUDGMENT and DECREE that:

1. The § 1983 claims presented against Ellen Brooks and Scott Green are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii).

2. The plaintiff's challenge to the constitutionality of the conviction and sentence imposed upon him by the Circuit Court of Montgomery County, Alabama, be DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii).

3. This case, with respect to the plaintiff's illegal arrest claim against defendants Byrd and Gruhn, are referred back to the Magistrate Judge for additional proceedings.