Flint v. Dothan City Jail et al (INMATE 2)

Filing 21

ORDER and OPINION that it is ORDERED and ADJUDGED that the 17 Report and Recommendation of the Mag Judge be and is hereby ADOPTED and that: (1) Plaintiffs claims against the Dothan City Jail, the City of Dothan, and Melissa Killingsworth are DISMI SSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(I-iii); (2) The Dothan City Jail, the City of Dothan, and Melissa Killingsworth are DISMISSED as parties to the complaint; (3) Plaintiff § 198 3 claim for unlawful detention against the named defendants are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. §1915(e)(2)(B)(I); (4) This case with respect to the remaining defendant is referred back to the Magistrate Judge for additional proceedings.. Signed by Honorable Judge Truman M. Hobbs on 6/20/13. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION THOMAS ROBERT FLINT, JR., Plaintiff, v. DOTHAN CITY JAIL, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:13cv165-TMH ORDER AND OPINION On May 22, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 17). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff’s claims against the Dothan City Jail, the City of Dothan, and Melissa Killingsworth are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(I-iii); 2. The Dothan City Jail, the City of Dothan, and Melissa Killingsworth are DISMISSED as parties to the complaint; 3. Plaintiff § 1983 claim for unlawful detention against the named defendants are DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(I); 4. This case with respect to the remaining defendant is referred back to the Magistrate Judge for additional proceedings. DONE this the 20th day of June, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2

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