Thomas v. Lucio (INMATE 2)

Filing 12

ORDER OVERRULING the plaintiff's 11 objection on the merits and as untimely; ADOPTING 7 REPORT AND RECOMMENDATION of the Magistrate Judge; ORDERING that plaintiff's challenge to the constitutionality of medical care he received on Dece mber 19, 2011, is DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) as this claim is not filed within the time prescribed by the applicable period of limitations, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/31/14. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
WALTER THOMAS, #245421,
Plaintiff,
v.
OFFICER LUCIO,
MONTGOMERY COUNTY
SHERIFF DEPUTY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

CASE NO. 2:14-CV-45-TMH
[WO]

ORDER
On February 14, 2014, the Magistrate Judge filed a Recommendation in this
case. (Doc. # 7.) Plaintiff filed an untimely objection on March 20, 2014. (Doc. #
11.) Based upon an independent and de novo review of those portions of the
Recommendation to which objection is made, 28 U.S.C. § 636(b), it is ORDERED
that the objection is OVERRULED on the merits and as untimely, and that the
Recommendation of the Magistrate Judge is ADOPTED.
Accordingly,

it

is

ORDERED

that

Plaintiff’s

challenge

to

the

constitutionality of medical care he received on December 19, 2011, is
DISMISSED with prejudice prior to service of process in accordance with the
provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as this claim is not filed within the time

prescribed by the applicable period of limitations. An appropriate final judgment
will be entered separately.
DONE this 31st day of March, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2