Lloyd v. U.S. Marshals Office Middle District of Montgomery, Alabama et al (INMATE3)

Filing 40

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1.) The plaintiff's 39 objection to the 36 Recommendation of the Magistrate Judge is overruled; (2.) The 36 Recommendat ion of the Magistrate Judge is adopted in part and modified; (3.) Plaintiff's claims against the U.S. Marshal Service is DISMISSED for lack of subject matter jurisdiction; (4.) The motions for summary judgment filed on behalf of defendants Seroy er and Brewer are GRANTED and the claims asserted against these defendants are DISMISSED with prejudice; (5.) The 36 Recommendation of the Magistrate Judge dismissing claims against defendants Alston and Irby is stricken as they were not parties to this litigation. Signed by Honorable Judge Mark E. Fuller on 4/19/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DERRICK MYRON LLOYD,
Plaintiff,
v.
U.S. MARSHALS OFFICE MIDDLE
DISTRICT OF MONTGOMERY,
ALABAMA, et al.,
Defendant.

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CASE NO. 2:10-cv-129-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #39) to the Recommendation of the Magistrate
Judge filed on April 13, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #36) filed on March 16, 2012
is adopted in part and modified;
3.

Plaintiff's claims against the U.S. Marshal Service is DISMISSED for lack of

subject matter jurisdiction.
4. The motions for summary judgment filed on behalf of defendants Seroyer and
Brewer are GRANTED and the claims asserted against these defendants are DISMISSED
with prejudice.
5.

The Recommendation of the Magistrate Judge dismissing claims against

defendants Alston and Irby is stricken as they were not parties to this litigation.
th

DONE this the 19 day of April, 2012.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

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