Opinion
CIVIL ACTION NO. 1:08cv597-TMH.
September 10, 2008
ORDER
On August 7, 2008, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 5). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that:
1. The § 1983 claims presented against Defendant Binford are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I) and (iii);
2. To the extent plaintiff's complaint presents a challenge to the constitutionality of his current confinement, such claim is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii);
3. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii).