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
EARNEST LEE WALKER, JR.
* CIVIL ACTION NO. 2:05-CV-346-F
KELVIN BRYANT, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this 42 U.S.C. § 1983 action, Plaintiff, an inmate currently incarcerated in the
Montgomery County Detention Facility, challenges matters related to the revocation of his
probation. He further alleges that he has not received credit for the actual amount of time
he was in custody prior to the revocation of his probation. Plaintiff seeks injunctive relief.
Named as defendants are Kelvin Bryant, the Department of Human Resources, Judge Johnny
Hardwick, and A.F. Boykins. Upon review of the allegations contained in the instant
complaint, the court concludes that this case is due to be dismissed prior to service of process
in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B).1
Case 2:05-cv-00346-MEF-VPM Document 3 Filed 04/22/2005 Page 1 of 5
Walker v. Bryant et al (INMATE2)
It is clear to this court that success on Plaintiff’s challenges to the revocation of his
probation and the calculation of his release date would necessarily impact the fact or
duration of his present incarceration. Consequently, the claims presented by Plaintiff are
not cognizable in a § 1983 action at this time. Edwards v.