Corbin v. Hughes et al

Filing 26

MEMORANDUM OPINION AND ORDER that defendant Houston County Sheriff's Department is DISMISSED as a defendant in this case. Signed by Honorable Charles S. Coody on 9/24/2010. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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C o rbi n v. Hughes et al (CONSENT) Do c. 26 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION P A T R IC IA CORBIN, as Executor of th e Estate of Nicholas G. Cody, P l a in tif f , v. S H E R IF F ANDY R. HUGHES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C I V IL ACT. NO. 2:10cv596-CSC M E M O R A N D U M OPINION and ORDER T h is case was originally filed in the Circuit Court of Houston County, Alabama, and th e plaintiff named as a defendant the Houston County Sheriff's Department. On July 13, 2 0 1 0 , the defendants removed this action to this court. A county sheriff's department "is not a legal entity and, therefore, is not subject to suit or liability under section 1983." Dean v. B a r b e r, 951 F.2d 1210, 1214 (11 th Cir. 1992). On September 2, 2010, the court ordered the p la in tif f to show cause why her claims against the Houston County Sheriff's Department s h o u ld not dismissed pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(I). See Doc. # 21. On September 16, 2010, the plaintiff consented to the dismissal of her claims against th e Houston County Sheriff's Department. See Doc. # 22. P u r s u a n t to 28 U.S.C. 636(c)(1) and M.D. Ala. LR 73.1, the parties have consented to the United States Magistrate Judge conducting all proceedings in this case and ordering th e entry of final judgment. Based on the plaintiff's response to the court's order (doc. # 2 2 ), and for good cause, it is ORDERED and ADJUDGED that defendant Houston County Sheriff's Department b e and is hereby DISMISSED as a defendant in this case. D o n e this 24 th day of September, 2010. /s/Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE

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