Smedley v. Ozark Police Dept. et al

Filing 13

ORDER re 10 Report and Recommendation. Upon an independent review of the record and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE that: (1) Plaintiff's claims against Defendant Ozark Pol ice Department are dismissed without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). (2) The Clerk of Court is DIRECTED to serve the Summons, Complaint, Amended Complaint, a copy of all Orders entered by the Court, and a copy of the Report and Recommendation on Officer Tripp. (3) This case be referred back to the Magistrate Judge for additional proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 3/1/2010. (dmn)

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION D A R R E L L SMEDLEY, P l a in tif f , v. O Z A R K POLICE DEPT., et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C A S E NO. 1:09-cv-1061-MEF ORDER O n February 5, 2010, the Magistrate Judge issued a Recommendation (Doc. #10) to w h ic h the Plaintiff filed a notice that he had no objections. Upon an independent review of th e record and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE that: (1 ) Plaintiff's claims against Defendant Ozark Police Department are dismissed w ith o u t prejudice prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(i)-(ii). ( 2 ) The Clerk of Court is DIRECTED to serve the Summons, Complaint, Amended C o m p la in t, a copy of all Orders entered by the Court, and a copy of the Report and R e c o m m e n d a tio n on Officer Tripp. ( 3 ) This case be referred back to the Magistrate Judge for additional proceedings. D O N E this the 1 st day of March, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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