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Case 2:06-cv-00730-MHT-SRW Document 5 Filed 08/23/2006 Page 1 of 4
QUENTIN WAGNER, )
)
Plaintiff, )
)
v. ) CASE NO. 2:06-CV-730-MHT
) [WO]
)
D. T. MARSHALL, et al., )
)
Defendants. )
the Alabama Community Notification Act, Ala. Code 1975 § 15-20-20 et seq. (1975, as
amended) [“the Act”]. Specifically, Wagner requests that the Act “be declared
unconstitutional” or “a provision be added to the . . . Act that set[s] out how Wagner is to
be notified how to register” upon his release from prison. Plaintiff’s Complaint at 4.
Upon review of the complaint, the court concludes that dismissal of this case prior
DISCUSSION
1
1. A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint
screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires
the court to dismiss a prisoner’s civil action prior to service of process if it determines that the complaint is
frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from
a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
Dockets.Justia.com
Case 2:06-cv-00730-MHT-SRW Document 5 Filed 08/23/2006 Page 2 of 4
The claims presented by Wagner arise from possible future application of the
Alabama Community Notification Act and, therefore, are not ripe for adjudication. Kirby
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Case 2:06-cv-00730-MHT-SRW Document 5 Filed 08/23/2006 Page 3 of 4
Because Wagner is not scheduled for release from confinement at this time, he has
failed to set forth a claim which demonstrates that he has suffered an injury from the
Alabama Community Notification Act. Based on the foregoing, the court concludes that
the instant complaint is subject to summary dismissal in accordance with the directives of
28 U.S.C. § 1915(e)(2)(B)(ii).
CONCLUSION
It is further
ORDERED that on or before September 5, 2006 the parties may file objections to
this Recommendation. Any objections filed must clearly identify the findings in the
or general objections will not be considered by the District Court. The parties are advised
that this Recommendation is not a final order of the court and, therefore, it is not
appealable.
Failure to file written objections to the proposed findings and advisements in the
Magistrate Judge's Recommendation shall bar the party from a de novo determination by
the District Court of issues covered in the Recommendation and shall bar the party from
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Case 2:06-cv-00730-MHT-SRW Document 5 Filed 08/23/2006 Page 4 of 4
District Court except upon grounds of plain error or manifest injustice. Nettles v.
Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d
33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981,
en banc), adopting as binding precedent all decisions of the former Fifth Circuit handed