Dean v. Bryan et al (INMATE 2)

Filing 67

ORDER: it is ORDERED that: 1) The 66 Recommendation is ADOPTED; 2) Dfts' 65 motion for summary judgment is GRANTED; 3) Plfs claims that challenge the constitutionality of Plf's convictions and sentences imposed upon him by the Circui t Court for Dale County, AL, on 6/20/2017, are DISMISSED without prejudice under 28 USC 1915(e)(2)(B)(ii) because they are not properly before the court at this time; 4) Plf's claim for failure to train and supervise against Dft Walker is DISMIS SED with prejudice; 5) Plf's claim for criminal prosecution of Dfts is DISMISSED with prejudice; and 6) Costs are TAXED against Plf, for which let execution issue; Final judgment will be entered separately. Signed by Honorable Judge William Keith Watkins on 2/5/2019. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DEDRIC JAMAR DEAN,
# 197 053,
Plaintiff,
v.
LT. MICHAEL BRYAN, SGT.
CHRIS JUNEAU, CPL. JAMES
ISLER, and MARLOUS
WALKER,
Defendants.

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

ORDER
On January 15, 2019, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 66.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED that:
(1)

The Recommendation (Doc. # 66) is ADOPTED;

(2)

Defendants’ motion for summary judgment (Doc. # 65) is GRANTED;

(3)

Plaintiff’s claims that challenge the constitutionality of Plaintiff’s

convictions and sentences imposed upon him by the Circuit Court for Dale County,
Alabama, on June 20, 2017, are DISMISSED without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii) because they are not properly before the court at this time;

(4)

Plaintiff’s claim for failure to train and supervise against Defendant

Walker is DISMISSED with prejudice;
(5)

Plaintiff’s claim for criminal prosecution of Defendants is DISMISSED

with prejudice; and
(6)

Costs are TAXED against Plaintiff, for which let execution issue.

Final judgment will be entered separately.
DONE this 5th day of February, 2019.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

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