LaFogg v. Chance et al (INMATE 2)

Filing 19

ORDER AND OPINION: It is ORDERED and ADJUDGED that the 14 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff's false imprisonment claim against the named defendants are DISMISSED with prejudice pursuant to t he provisions of 28 U.S.C. § 1915(e)(2)(B)(ii); 2. This case with respect to the plaintiffs remaining claim against defendants i.e., the excessive force claim is referred back to the Magistrate Judge for additionalproceedings. Signed by Honorable Judge Truman M. Hobbs on 3/21/2012. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CHRISTOPHER MICHAEL LAFOGG,
Plaintiff,
v.
OFFICER KEVIN CHANCE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 2:11cv1102-TMH

ORDER AND OPINION
On February 29, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 14). 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 that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that:
1.

Plaintiff’s false imprisonment claim against the named defendants are

DISMISSED with prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii);
2.

This case with respect to the plaintiff’s remaining claim against defendants –

i.e., the excessive force claim – is referred back to the Magistrate Judge for additional
proceedings.

Done this the 21 st day of March, 2012.

/s/ Truman M. Hobbs
________________________________________
SENIOR UNITED STATES DISTRICT JUDGE

2