Collins v. Lowndes County Sheriff's Office (MAG+)

Filing 8

ORDERED that Plf's 6 Objection is OVERRULED and the 5 Recommendation of the Magistrate Judge is ADOPTED; Plf's complaint is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 7/1/2013. (wcl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WILLIAM RENEA COLLINS, Plaintiff, v. LOWNDES COUNTY SHERIFF’S OFFICE, Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 2:13-CV-348-WKW ORDER On April May 28, 20134, the Magistrate Judge recommended (Doc. # 5) dismissal of Plaintiff’s complaint prior to service of process because the action is frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i) (requiring dismissal of a frivolous action). Plaintiff’s suit, alleging constitutional violations, names only the Lowndes County Sheriff’s Office, but sheriff’s departments are not legal entities subject to suit. Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). Sheriff’s deputies sued in their individual capacities would, however, be subject to suit. Thus, after a de novo review of the Magistrate Judge’s recommendation and Plaintiff’s objection, it is ORDERED that Plaintiff’s objection (Doc. # 6) is OVERRULED and the Recommendation of the Magistrate Judge is ADOPTED. Plaintiff’s complaint is DISMISSED without prejudice. DONE this 1st day of July, 2013. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?