Lietzke v. City of Montgomery, et al. (MAG+)

Filing 23

OPINION AND ORDER directing that, upon an independent and de novo review of the file in this case and upon consideration of the 11 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows: (1) The recommendation of the magistra te judge (doc. no. 11 ) is adopted; (2) Pursuant to 28 U.S.C. § 1915(e)(2)(B), (a) counts one, two, three, and five of the amended complaint are dismissed with prejudice as frivolous and for failure to state a claim upon which relief can be gra nted; and (b) all claims in count four of the amended complaint that arise from incidents that occurred on 06/19/2008, 07/14/2008, 11/08/2008, 12/23/2008, 01/27/2009, 05/27/2009, 08/20/2009, 10/19/2009, 01/03/2010, 02/01/2010, 08/16/2010, 04/10/2011, 06/12/2011, 07/12/2011, and 09/02/2011, are dismissed with prejudice as frivolous and for failure to state a claim upon which relief can be granted; (3) Any and all claims founded on injuries to "the 527 South Perry real estate employees" are dismissed for lack of jurisdiction; (4) This case, with regard to the plaintiff's claims contained in count four of the amended complaint, which is labeled "constitutional rights violations" and which arise out of incidents that al legedly occurred on 06/10/2012, 06/20/2012, 12/28/2012, 08/18/2013, and 10/02/2013, is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/13/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BILL LIETZKE,
Plaintiff,
v.
CITY OF MONTGOMERY, et al.,
Defendants.

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CIV. ACT. NO. 2:13cv849-MHT
(WO)

OPINION AND ORDER
On December 20, 2013, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. Upon an independent and de novo review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is ORDERED and ADJUDGED as follows:
1.

The recommendation of the magistrate judge (doc. no. 11) is adopted.

2.

Pursuant to 28 U.S.C. § 1915(e)(2)(B),
(a) counts one, two, three, and five of the amended complaint are dismissed
with prejudice as frivolous and for failure to state a claim upon which relief
can be granted; and
(b) all claims in count four of the amended complaint that arise from incidents
that occurred on June 19, 2008, July 14, 2008, November 8, 2008, December
23, 2008, January 27, 2009, May 27, 2009, August 20, 2009, October 19,
2009, January 3, 2010, February 1, 2010, August 16, 2010, April 10, 2011,
June 12, 2011, July 12, 2011, and September 2, 2011, are dismissed with

prejudice as frivolous and for failure to state a claim upon which relief can be
granted.
3.

Any and all claims founded on injuries to “the 527 South Perry real estate

employees” are dismissed for lack of jurisdiction.
4.

This case, with regard to the plaintiff’s claims contained in count four of the

amended complaint, which is labeled “constitutional rights violations” and which arise out
of incidents that allegedly occurred on June 10, 2012, June 20, 2012, December 28, 2012,
August 18, 2013, and October 2, 2013, is referred back to the magistrate judge for further
proceedings.
Done this the 13th day of February, 2014.

/s/ Myron H. Thompson
SENIOR UNITED STATES DISTRICT JUDGE