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).
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
v. ) CASE NO. 1:06-CV-462-WHA
STATE OF ALABAMA, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this 42 U.S.C. § 1983 action, Ralph Wilson Lingo [“Lingo”], an inmate presently
confined at the Montgomery City Jail, challenges a conviction entered against him by the
Circuit Court of Henry County, Alabama. Lingo names the State of Alabama, the Alabama
Plumbing and Gas Board, David Wilcox, a state plumbing inspector, and the Henry County
Court as defendants in this case. Lingo seeks monetary damages from the defendants.
Plaintiff’s Complaint at 4.
Upon review of the complaint, the court concludes that dismissal of this case prior to
service of process is proper under 28 U.S.C. § 1915(e)(2)(B)(ii).
Case 1:06-cv-00462-WHA-CSC Document 4 Filed 05/25/2006 Page 1 of 5
Lingo v. State of Alabama et al (INMATE1)
Lingo attacks the validity of a conviction imposed upon him by the Circuit Court of
Henry County, Alabama arising from his “do[ing] mobile home plumbing and plumbing
repairs.” Plaintiff’s Complaint at 3. Specifically, Lingo complains that the trial judge
“refuse[d] [him] a jury trial” and failed to bring him before the court for entry of his guilty
plea. Id. at 2. Lingo further argues that counsel “lied” whe