1A 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).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
ASH-SHAKUR SHABAZZ, #57268
* CIVIL ACTION NO. 1:05-CV-695-T
SHERIFF LAMAR GLOVER, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff Ash-ShaKur Shabazz (“Plaintiff”) is incarcerated in the Houston County Jail
and files this 42 U.S.C. § 1983 action (“Section 1983") against Sheriff Lamar Glover,
District Attorney Doug Valeksa, and Judge White. Plaintiff complains that (1) his bail is
excessive; (2) neither he nor an attorney representative was present at his preliminary
hearing; ( 3) he has not been appointed counsel; and (4) he has been denied a bail hearing.
He requests that he be granted reasonable bail and that the charges against him be dismissed.
(Doc. No. 1) Upon review of the complaint, the court concludes that dismissal of this case
prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).1
Case 1:05-cv-00695-MHT-DRB Document 3 Filed 08/01/2005 Page 1 of 6
Shabazz v. Glover et al (INMATE 2)(JC)
2Although Neitzke interpreted the provisions of 28 U.S.C. § 1915(d), the predecessor to § 1915(e)(2),
the analysis contained therein remains applicable to the present statute.
A. Sheriff Glover
Sheriff Glover has no authority or control over either the bail amount set in Plaintiff’s