Conley v. Dothan Police Department (INMATE 2)

Filing 12

ORDERED that:(1). The Magistrate Judges Recommendation (Doc. # 11 ) is ADOPTED; (2). Plaintiff's challenges to the validity of his 2017 drug possession conviction entered against him by the Circuit Court for Houston County are DISMISSED with out prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; (3). Plaintiff's respondeat superior claim against Defendants Mike Schmitz, Mike West, Steve Parrish, and Ray Mock are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii); 4. Plaintiff's state law claims are DISMISSED without prejudice pursuant to 28 U.S.C. '1367(c)(3); 5. This case is DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/9/2018. (kh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JOE BEN CONLEY, Plaintiff, v. MIKE SCHMITZ, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 1:17-CV-571-WKW [WO] ORDER On February 27, 2018, the Magistrate Judge filed a Recommendation (Doc. # 11) to which no timely objections have been filed. Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that: 1. The Magistrate Judge’s Recommendation (Doc. # 11) is ADOPTED; 2. Plaintiff’s challenges to the validity of his 2017 drug possession conviction entered against him by the Circuit Court for Houston County are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not properly before the court at this time; 3. Plaintiff’s respondeat superior claim against Defendants Mike Schmitz, Mike West, Steve Parrish, and Ray Mock are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 4. Plaintiff’s state law claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3); 5. This case is DISMISSED without prejudice prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). A final judgment will be entered separately. DONE this 9th day of April, 2018. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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