LaFogg v. Chance et al (INMATE 2), No. 2:2011cv01102 - Document 8 (M.D. Ala. 2012)

Court Description: ORDER AND OPINION: It is ORDERED and ADJUDGED that the 7 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff's claims against the Opp Police Department are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); 2. The Opp Police Department is DISMISSED as a party to this complaint; and 3. This case with respect to the remaining defendants is REFERRED back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 2/1/2012. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CHRISTOPHER MICHAEL LAFOGG, Plaintiff, v. OFFICER KEVIN CHANCE, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:11cv1102-TMH ORDER AND OPINION On January 12, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 7). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff s claims against the Opp Police Department are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(I); 2. The Opp Police Department is DISMISSED as a party to this complaint; and 3. This case with respect to the remaining defendants is REFERRED back to the Magistrate Judge for additional proceedings. Done this the 1 st day of February, 2012. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2

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