Collins v. Lowndes County Sheriff's Office (MAG+)
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
WILLIAM RENEA COLLINS,
LOWNDES COUNTY SHERIFF’S
CASE NO. 2:13-CV-348-WKW
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
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