Weatherly v. Montgomery City Commission et al (INMATE 2)

Filing 21

ORDER that 1. The plaintiff's objections 10 to the Recommendation of the Magistrate Judge filed on March 18, 2011 are overruled; 2. The Recommendation of the Magistrate Judge 9 filed on March 11, 2011 is adopted; 3. Plaintiff's complain t against the Montgomery City Police Department and the Montgomery City Commission is DISMISSED with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). 4. Defendants Montgomery City Police De partment and the Montgomery City Commission are DISMISSED as parties to the complaint. 5. This case with respect to the remaining defendant is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Truman M. Hobbs on 6/13/2011. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
RONALD VATEDRO WEATHERLY,
Plaintiff,
v.
MONTGOMERY CITY COMMISSION,
et al.,
Defendants.

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CASE NO. 2:11-cv-087-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objections (Doc. #10) to the Recommendation of the Magistrate
Judge filed on March 18, 2011 are overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) filed on March 11, 2011
is adopted;
3. Plaintiff's complaint against the Montgomery City Police Department and the
Montgomery City Commission is DISMISSED with prejudice prior to service of process in
accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i).
4. Defendants Montgomery City Police Department and the Montgomery City
Commission are DISMISSED as parties to the complaint.
5. This case with respect to the remaining defendant is referred back to the Magistrate
Judge for further proceedings.

DONE this the 13th day of June, 2011.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE

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