Dover v. Underwood (INMATE1)

Filing 15

ORDER adopting the 14 Recommendation; dismissing the plaintiff's claims against Officer Roderick Underwood with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); dismissing the case without prejudice to the rights of the plaintiff to pursue his federal civil rights claims in the pending state action. Signed by Honorable Ira De Ment on 9/28/2010. (br, )

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Dover v. Underwood (INMATE1) Doc. 15 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION L A R R Y DOVER, AIS # 217258, P la in tiff, v. O F F IC E R RODERICK UNDERWOOD, D e fe n d a n t. ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10-CV-499-ID (WO) ORDER O n August 11, 2010, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 14). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: 1. T h e Recommendation of the Magistrate Judge (Doc. #14) be and the same is h e re b y ADOPTED; 2. T h e plaintiff's claims against Officer Roderick Underwood be and the same a re hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(i); 3. T h is case be and the same is hereby DISMISSED without prejudice to the rig h ts of the plaintiff to pursue his federal civil rights claims in the pending state action. D o n e this 28th day of September, 2010. Dockets.Justia.com /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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