Dumonde v. Lappin et al

Filing 5

ORDER adopting the 4 RECOMMENDATION of Magistrate Judge; dismissing constitutional claims against Harley Lappin in his official capacity and the Federal Bureau of Prisons for lack of jurisdiction; dismissing plaintiffs 42 U.S.C. § 1985 claims against all Defendants as barred by the statute of limitations; dismissing any claims against Harley Lappin in his individual capacity as barred by the statute of limitations. Signed by Honorable William Keith Watkins on 5/28/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A N IE L LAFITTE DUMONDE, P la in tif f , v. H A R L E Y LAPPIN, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) )

CASE NO. 2:10-CV-339-WKW

ORDER N o objections having been filed to the Order and Recommendation of the Magistrate J u d g e (Doc. # 4) ("Recommendation"), and after an independent review, it is ORDERED as f o llo w s : (1 ) The Recommendation is ADOPTED; (2 ) Mr. Dumonde's constitutional claims against Harley Lappin in his official c a p a c ity and the Federal Bureau of Prisons are DISMISSED for lack of jurisdiction; (3 ) Mr. Dumonde's 42 U.S.C. § 1985 claims against all Defendants are DISMISSED a s barred by the statute of limitations; and, (4 ) To the extent Mr. Dumonde brings any claims against Harley Lappin in his in d iv id u a l capacity, they are DISMISSED as barred by the statute of limitations. F in a l judgment will be entered separately. D O N E this 28th day of May, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE