United States District Court, M.D. Alabama, Northern Division
November 12, 2014
CHRISTOPHER W. GUTHRIE, # 249 236, Plaintiff,
ALABAMA BOARD OF PARDONS AND PAROLES, et al., Defendants.
W. KEITH WATKINS, Chief District Judge.
On October 1, 2014, the Magistrate Judge filed a Recommendation (Doc. # 3) to which Plaintiff timely filed objections (Doc. # 5). Based upon an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), it is ORDERED as follows:
(1) The objections (Doc. # 5) are overruled;
(2) the Recommendation (Doc. # 3) is ADOPTED;
(3) the § 1983 claims against Defendants are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and/or (iii);
(4) Plaintiff's challenge to the constitutionality of the convictions and sentence imposed upon him by the Circuit Court for Tallapoosa County, Alabama, is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) as these claims are not properly before the court at this time; and
(5) because a prior Order permitted Plaintiff to amend his complaint (Doc. # 7) after the entry of the Recommendation, this action is REFERRED back to the Magistrate Judge for additional proceedings.