-CSC Johnson v. Chief of the Opelika Police Department(INMATE 2), No. 3:2011cv00232 - Document 28 (M.D. Ala. 2011)

Court Description: OPINION AND ORDER: It is ORDERED and ADJUDGED as follows that: 1. The 17 Recommendation of the Magistrate Judge be and is hereby ADOPTED. 2. The plaintiff's claims against the Opelika Police Department be and are hereby DISMISSED with prejudic e prior to service of process pursuant to the provisionsof 28 U.S.C. § 1915(e)(2)(B)(i); 3. The Opelika Police Department be and is hereby DISMISSED as a defendant in this cause of action; and 4. This case, with respect to the plaintiffs claims against the remaining defendant, is hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge W. Harold Albritton, III on 6/14/2011. (Attachments: # 1 Civil Appeals Checklist) (dmn)
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION LEONARDO JOHNSON, Plaintiff, v. OPELIKA POLICE DEPT., et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:11cv232-WHA (WO) OPINION and ORDER On May 23, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 17). 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 as follows that: 1. The Recommendation of the Magistrate Judge be and is hereby ADOPTED; 2. The plaintiff s claims against the Opelika Police Department be and are hereby DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. ยง 1915(e)(2)(B)(i); 3. The Opelika Police Department be and is hereby DISMISSED as a defendant in this cause of action; and 4. This case, with respect to the plaintiff s claims against the remaining defendant, is hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Done this 14th day of June 2011. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE