Kennedy v. Solomon (INMATE 1)

Filing 19

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 7 Objection to Report and Recommendation is OVERRULED; (2) the 5 Report and Recommendation of the Mag Judge is ADOPTED; (3) The plaintiff's claims against Sam's Club, Jeff Young, and the Montgomery Police Department are DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i), and Sam's Club, Jeff Young, and the Montgomery Police Departmen t are DISMISSED as defendants in this cause of action; (4) To the extent the plaintiff presents claims challenging the constitutionality of a criminal charge pending against him for theft of property, these claims are DISMISSED without prejudice u nder the provisions of 28 U.S.C. 1915(e)(2)(B)(ii); (5) The plaintiff's remaining claims for relief against defendant Jeffery Wayne Solomon alleging he falsely arrested the plaintiff and discriminated against him in making the arrest is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 8/28/12. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LEE ANDREW KENNEDY,

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Plaintiff,
v.
SAM'S CLUB, et al.,
Defendants.

CASE NO. 2:12-cv-0525-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #7) to the Recommendation of the Magistrate
Judge filed on July 13, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #5) filed on June 22, 2012 is
adopted;
3. The plaintiff's claims against Sam's Club, Jeff Young, and the Montgomery Police
Department are DISMISSED with prejudice prior to service of process in accordance with
the provisions of 28 U.S.C. § 1915(e)(2)(B)(i), and Sam's Club, Jeff Young, and the
Montgomery Police Department are DISMISSED as defendants in this cause of action.
4. To the extent the plaintiff presents claims challenging the constitutionality of a
criminal charge pending against him for theft of property, these claims are DISMISSED
without prejudice under the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii).

5. The plaintiff's remaining claims for relief against defendant Jeffery Wayne
Solomon alleging he falsely arrested the plaintiff and discriminated against him in making
the arrest is referred back to the Magistrate Judge for additional proceedings.
DONE this 28th day of August, 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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