Pouncey v. City of Dothan et al (INMATE 2)

Filing 7

ORDER directing that, after a review of the 4 Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted; it is ORDERED as follows: (a) the Recommendation of the Magistrate Jud ge is ADOPTED; (b) the § 1983 claims presented against Defendants City of Dothan and Judge Gordon are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); (c) Plaintiff's § 1983 cla ims against Defendant Edwards are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); (d) Plaintiff's challenge to the constitutionality of his current detention is DISMISSED without prejudice pursuant to the provisions o f 28 U.S.C. §1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and (e) 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); a separate judgment shall issue. Signed by Honorable Ira De Ment on 2/9/11. (scn, )