Coleman v. Jackson (INMATE 2)

Filing 6

ORDER, JUDGMENT and DECREE of the court that: (1) the plaintiff's 5 Objection to Report and Recommendation of the Magistrate Judge is overruled; (2) the 4 Report and Recommendation of the Magistrate Judge is adopted; (3) plaintiff's unlawful and illegal arrest and seizure claims is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii); (4) Plaintiffs § 1983 conspiracy claim is DISMISSED with prejudice under 28 U.S.C.§ 1915(e)(2)(B)(i); (5) this case is DISMISSED prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 10/31/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SHON D. COLEMAN,
Plaintiff,
v.
GREGG JACKSON,
Defendant.

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CASE NO. 2:13-cv-0655-TMH
[WO]

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1.

The plaintiff's objection (Doc. #5) filed on October 7, 2013 to the

Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #4) entered on September 24,
2013 is adopted;
3. Plaintiff's unlawful and illegal arrest and seizure claims is DISMISSED without
prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii);
4. Plaintiff’s § 1983 conspiracy claim is DISMISSED with prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(i);
5. This case is DISMISSED prior to service of process.
DONE this 31st day of October, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE