Collins v. Selva et al (INMATE2)

Filing 22

ORDER overruling the 14 17 Objections; adopting the 10 15 RECOMMENDATION of the Magistrate Judge; dismissing the complaint pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) because the complaint was not filed within the time prescribed by the applicable period of limitations; dismissing the case with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i). Signed by Honorable Ira De Ment on 4/25/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
FRED K. COLLINS, #266 825,
Plaintiff,
v.
OFFICER JASON SELVA, et al.,
Defendants.

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1:10-CV-1069-ID
(WO)

ORDER
Before the court are the recommendation of the Magistrate Judge, (Doc. #10), the
supplemental recommendation of the Magistrate Judge, (Doc. #15), and the Plaintiff’s
objections, (Docs. #14 and #17), to those recommendations. Having conducted a de novo
determination of those portions of the recommendations to which objections are made, it
is CONSIDERED and ORDERED as follows:
1.

Plaintiff’s objections (Docs. #14 and #17) be and the same are hereby
OVERRULED;

2.

The recommendations of the Magistrate Judge (Docs. #10 and #15) be and
the same are hereby ADOPTED, APPROVED and AFFIRMED;

3.

The Plaintiff’s complaint challenging matters arising from his May 2007
vehicle stop, arrest, and imprisonment be and the same are hereby
DISMISSED pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i)

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because the complaint was not filed within the time prescribed by the
applicable period of limitations; and
4.

This case be and the same is hereby DISMISSED with prejudice prior to
service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i).

DONE this the 25th day of April, 2011.
/s/ Ira DeMent
SENIOR UNITED STATES DISTRICT JUDGE

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