Himmelberger v. Thornton et al (INMATE 1)

Filing 10

OPINION and ORDER directing that upon review of the 6 Recommendation of the Magistrate Judge it is ORDERED and ADJUDGED as follows that: (1) The Recommendation of the Magistrate Judge be and is hereby ADOPTED; (2) The plaintiff's claims agains t the Montgomery Police Department be and are hereby summarily DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); (3) The Montgomery Police Department be and is hereby DISMISSED as a defendant in this cau se of action; and (4) This case, with respect to the plaintiff's claims against defendant Thornton, be and is hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 8/25/10. (Attachments: # 1 Civil Appeals Checklist)(scn, )

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H i m m e l b e r g e r v. Thornton et al (INMATE 1) D o c . 10 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M A R K ALAN HIMMELBERGER, A IS # 247568, P l a i n t if f , v. W IL L IAM J. THORNTON, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:10cv611-ID (WO) O P I N I O N and ORDER O n July 26, 2010, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. No. 6). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows that: 1. 2. T h e Recommendation of the Magistrate Judge be and is hereby ADOPTED; T h e plaintiff's claims against the Montgomery Police Department be and are h e re b y summarily DISMISSED with prejudice in accordance with the d irec tives of 28 U.S.C. 1915(e)(2)(B)(i); 3. T h e Montgomery Police Department be and is hereby DISMISSED as a d e fe n d a n t in this cause of action; and Dockets.Justia.com 4. T h is case, with respect to the plaintiff's claims against defendant Thornton, be a n d is hereby REFERRED BACK to the Magistrate Judge for appropriate p r o c e e d in gs . D o n e this 25 th day of August, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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