Pouncey v. Dothan City Police Dept. et al (INMATE 2)

Filing 23

ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS; that Plaintiff's claims under 42 U.S.C. § 1983 against the Dothan City Police Department are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); that the Dothan City Police Department is DISMISSED as a party to this cause of action; that Plaintiffs claim of verbal abuse is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); that this case, with respect to the claims against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 12/4/2008. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION T E R R E N C E POUNCEY, P la in tif f , v. DOTHAN CITY POLICE DEPT., e t al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

Civil Action No.1:08cv652-TMH (W O )

ORDER
T h e Magistrate Judge filed a Recommendation (Doc. #20) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is 1. ORDERED that the RECOMMENDATION (Doc. #20) of the Magistrate Judge is ADOPTED; 2. Plaintiff's claims under 42 U.S.C. § 1983 against the Dothan City Police

D e p a rtm e n t are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); 3. a c tio n ; The Dothan City Police Department is DISMISSED as a party to this cause of

4.

Plaintiff's claim of verbal abuse is DISMISSED with prejudice pursuant to 28

U .S .C . § 1915(e)(2)(B)(I); and 5 . This case, with respect to the claims against the remaining defendants, is referred b a c k to the Magistrate Judge for appropriate proceedings.

Done this 4th day of December, 2008. /s / Truman M. Hobbs _______________________________ U N IT E D STATES DISTRICT JUDGE

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