Carter v. Gordon (INMATE2)

Filing 5

ORDER adopting 4 Report and Recommendations; that Plaintiff's § 1983 claims against Defendants Dothan Police Department, Houston County Sheriff's Department, and Judge Rose Gordon are DISMISSED with prejudice in accordance with 28 U. S.C. § 1915(e)(2)(B)(i) and (iii); that Plaintiff's § 1983 claims against Defendant Dothan Police Chief are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); that Plaintiff's challenge to the constitution ality of his current detention is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; that this case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) - (iii). Signed by Honorable Ira De Ment on 9/28/2009. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION MOSES CARTER, JR., Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #4) of the Magistrate Judge is ADOPTED. It is further ORDERED as follows: a. Plaintiff's 1983 claims against Defendants Dothan Police Department, Houston County Sheriff's Department, and Judge Rose Gordon are DISMISSED with prejudice in accordance with 28 U.S.C. 1915(e)(2)(B)(i) and (iii); b. P laintiff's 1983 claims against Defendant Dothan Police Chief are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); CASE NO. 1:09-cv-813-ID [WO] CITY POLICE FOR DOTHAN, et al., Defendants. c. Plaintiff's challenge to the constitutionality of his current detention is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and d. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. 1915(e)(2)(B)(i) - (iii). D o n e this 28 th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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