1When a prisoner is granted leave to proceed in forma pauperis in a federal civil action, this court
must screen his complaint in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening
procedure requires the court to dismiss such an action at any time, regardless of payment of the filing fee or
any portion thereof, 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
CHARLES WILLIAMS, #130 792
* CIVIL ACTION NO. 2:05-CV-415-A
KATHY HOLT, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, Charles Williams, filed this 42 U.S.C. § 1983 action on May 4, 2005. He
complains that Defendants have improperly calculated his release date. Plaintiff seeks his
release from prison.
Upon review of the pleadings filed by Plaintiff, the court concludes that dismissal of
this case prior to service of process is appropriate in accordance with the directives of 28
U.S.C. § 1915(e)(2)(B)(ii).1
In March of 1985 Plaintiff received a twenty year term of imprisonment. He contends
that his sentence, therefore, expired in March 2005 but complains that prison officials have
advised him that he has one more year to serve on his sentence. The court understands
Case 2:05-cv-00415-WHA-SRW Document 3 Filed 05/06/2005 Page 1 of 4
Williams v. Holt et al (INMATE2)
Plaintiff to complain that as a result of the alleged improper calculation of his release date,
he is being required to serve time in excess of the sentence imposed upon him. Accordingly,
Plaintiff seeks his release from prison.
It is clear to this court that success on Plaintiff’s challenge to the calculation of his