Russ v. Arnette et al (INMATE 2)

Filing 9

ORDER adopting the 6 Recommendation; dismissing the unlawful and illegal arrest and seizure claims without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii); dismissing the § 1983 conspiracy claim with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i); dismissing the case prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B). Signed by Honorable Judge Truman M. Hobbs on 9/27/2011. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

EVANS RUSS, JR.,
Plaintiff,
v.
JASON ARNETTE, et al.,
Defendants.

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CASE NO. 1:11-cv-658-TMH
[wo]

ORDER
On August 30, 2011, the Magistrate Judge issued a Recommendation (Doc. 6) to
which no timely objections were made. 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.

The Recommendation (Doc. 6) is ADOPTED.

2.

Plaintiff’s unlawful and illegal arrest and seizure claims be DISMISSED
without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii);

3.

Plaintiff’s § 1983 conspiracy claim be DISMISSED with prejudice under 28
U.S.C. § 1915(e)(2)(B)(i); and

4.

this case be DISMISSED prior to service of process pursuant to 28 U.S.C. §
1915(e)(2)(B).

DONE this 27 th day of September, 2011.
/s/ Truman M. Hobbs
_________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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