Cherch v. Mock et al (INMATE 2)

Filing 18

ORDER that: 1. The 4 Recommendation of the Magistrate Judge is ADOPTED; 2. Plaintiff's claims against the Geneva City Police Department are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C.
67; 1915(e)(2)(B)(i); 3. The Geneva City Police Department is DISMISSED as a party to this cause of action; and 4. This case, with respect to the claims against the remaining defendants, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 10/16/2013. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
KENNETH CHERCH,
Plaintiff,
v.
OFFICER JIM MOCK, et al.,
Defendants.

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) CIVIL ACTION NO. 1:13-CV-586-TMH
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ORDER

The Magistrate Judge entered a Recommendation (Doc. 4) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that:
1. The Recommendation (Doc. 4) of the Magistrate Judge is ADOPTED;
2. Plaintiff’s claims against the Geneva City Police Department are DISMISSED with
prejudice prior to service of process in accordance with the provisions of 28 U.S.C. §
1915(e)(2)(B)(i);
3. The Geneva City Police Department is DISMISSED as a party to this cause of
action; and
4. This case, with respect to the claims against the remaining defendants, is referred
back to the Magistrate Judge for appropriate proceedings.
Done this 16th day of October, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE