Foster v. Guillou et al (INMATE 1), No. 2:2022cv00069 - Document 12 (M.D. Ala. 2022)

Court Description: FINAL JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's 8 objections are overruled in part and sustained in part as stated in the opinion; (2) The United States Magistrate Judge's 7 recommendation is adopted as modified in the opinion; (3) This case is dismissed as follows: (a) Plaintiff's claims of false arrest, illegal search, and unlawful imprisonment are dismissed with pre judice under 28 U.S.C. 1915(e)(2)(B)(i)(ii); (b) Plaintiff's First Amendment claim and his conspiracy claim are dismissed without prejudice under 28 U.S.C. 1915(e)(ii); (c) Plaintiff's malicious-prosecution claim, to the extent he brings o ne, is dismissed with prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); No costs are taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/10/2022. (am, ) (Additional attachment(s) added on 8/10/2022: # 1 Civil Appeals Checklist) (am, ).

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Foster v. Guillou et al (INMATE 1) Doc. 12 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION DANNY FOSTER, SR., Plaintiff, v. WILLIAM M. GUILLOU, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:22cv69-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Plaintiff's objections (Doc. 8) are overruled in part and sustained in part as stated in the opinion. (2) The United States Magistrate Judge's recommendation (Doc. 7) is adopted as modified in the opinion. (3) This case is dismissed as follows: (a) Plaintiff’s claims of false arrest, illegal search, and unlawful imprisonment are dismissed Dockets.Justia.com with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i)–(ii). (b) Plaintiff’s First Amendment claim and his conspiracy claim are dismissed without prejudice under 28 U.S.C. § 1915(e)(ii). (c) Plaintiff’s to the extent he malicious-prosecution brings one, is claim, dismissed with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil pursuant to Rule 58 of docket the as a Federal final Rules judgment of Civil Procedure. This case is closed. DONE, this the 10th day of August, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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