Dorsey v. Meeks et al

Filing 12

ORDER directing that (1) the plf's 11 objection to the recommendation of the Mag Judge is OVERRULED; (2) the REPORT AND RECOMMENDATION of the Mag Judge 1 0 is ADOPTED; (3) the 1983 claims against Judge McGuire are DISMISSED with prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(i) and/or (iii); (4) the claims against def Meeks are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and (5) the complaint is DISMISSED prior to service of process. Signed by Honorable Ira De Ment on 9/4/09. (djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION L E O N A R D E. DORSEY, P la in tiff, v. S H E R IF F DENNIS MEEKS, et al., D e fe n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 2:09-CV-654-ID (W O ) ORDER A fte r an independent review of the file, it is hereby CONSIDERED and ORDERED th a t: 1 . The plaintiff's objection (Doc. #11) to the Recommendation of the Magistrate J u d g e filed on August 21, 2009, is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #10) filed on August 14, 2 0 0 9 , is ADOPTED; 3 . The 1983 claims against Judge McGuire are DISMISSED with prejudice in a c c o rd a n c e with 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii); 4 . The claims against Defendant Meeks are DISMISSED without prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(ii);1 and 5 . The Complaint is DISMISSED prior to service of process. DONE this 4th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE A dismissal "without prejudice" is a "dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period." Black's Law Dictionary (8th ed. 2004) 1

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