Dean v. Bryan et al (INMATE 2)

Filing 21

ORDERED as follows: 1) The 17 Recommendation of the Magistrate Judge is ADOPTED; 2) Plf's 1983 claims against Defendants Kirke Adams, David C. Emery, and the City of Ozark Police Department are DISMISSED with prejudice under 28 USC 1915(e)(2)( B)(i) and (iii); 3) Plf's 1983 conspiracy claim is DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i); 4) Dfts Adams, Emery, and the City of Ozark Police Department are DISMISSED as parties to this action; and 5) This case is REFERRED to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 3/22/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEDRIC JAMAR DEAN,
#197053,
Plaintiff,
v.
MICHAEL BRYAN, CHRIS
JUNEAU, JAMES ISLER,
DAVID GRICE, CITY OF
OZARK POLICE
DEPARTMENT, MARLOUS
WALKER, KIRKE ADAMS, and
DAVID C. EMERY,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 1:16-CV-92-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 17.)
There being no timely objection filed to the Recommendation, and based on a review
of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 17) is

ADOPTED;
2.

Plaintiff’s § 1983 claims against Defendants Kirke Adams, David C.

Emery, and the City of Ozark Police Department are DISMISSED with prejudice
under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);

3.

Plaintiff’s § 1983 conspiracy claim is DISMISSED with prejudice

under 28 U.S.C. § 1915(e)(2)(B)(i);
4.

Defendants Adams, Emery, and the City of Ozark Police Department

are DISMISSED as parties to this action; and
5.

This case is REFERRED to the Magistrate Judge for further

proceedings.
DONE this 22nd day of March, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2