Yazeed v. Brooks et al (INMATE 2)

Filing 6

ORDER adopting the 5 Recommendation; dismissing the Plaintiff's claims against Defendants Brooks, Marshall, and the Montgomery City Police Department with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); dismissing the wrongful imprisonment claim without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); dismissing the case prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 8/9/2011. (br, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ______________________________ IBRAHEEM YAZEED, * Plaintiff, * v. * ELLEN BROOKS, et al., * Defendants. 2:11-CV-458-TMH (WO) * ______________________________ ORDER The Magistrate Judge entered a Recommendation (Doc. #5) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that 1. the Recommendation (Doc. #5) of the Magistrate Judge is ADOPTED; 2. Plaintiff’s claims against Defendants Brooks, Marshall, and the Montgomery City Police Department are DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i); 3. Plaintiff’s wrongful imprisonment claim is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); and 4. This case is dismissed prior to service of process. Done this 9 th day August, 2011. /s/ Truman M. Hobbs _______________________________ UNITED STATES DISTRICT JUDGE 2

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