Henderson v. Tallassee Police Department (INMATE 1)
OPINION and ORDER that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED, and this case is hereby DISMISSED with prejudice. A Judgment in favor of the Defendant shall be forthcoming. Signed by Honorable Judge W. Harold Albritton, III on 7/23/2014. (dmn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CHRISTOPHER O. HENDERSON,
TALLASSEE POLICE DEPT.,
CASE NO. 2:12-cv-1066-TMH
OPINION and ORDER
On June 19, 2014, the Magistrate Judge filed a Recommendation dismissing this
case prior to service of process in accordance with 28 U.S.C. § 1915(e)(2)(B)(i)(ii). (Doc.
4). Specifically, the court held that Plaintiff’s challenge to the constitutionality of the
initial charge lodged against him in October of 2003 be dismissed with prejudice prior to
service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as the
plaintiff failed to file the complaint within the time prescribed by the applicable period of
limitation. The court further held that to the extent Plaintiff presents claims which
challenge the constitutionality of a sexual abuse conviction imposed upon him by the
Circuit Court of Elmore County, Alabama, that these claims be summarily dismissed
pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claims are not
cognizable in the instant civil action. No timely objections have been filed. 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 this case is hereby DISMISSED with prejudice. A
Judgment in favor of the Defendant shall be forthcoming.
DONE this 23rd day of July, 2014.
/s/ W. Harold Albritton
SENIOR UNITED STATES DISTRICT JUDGE
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