Negron v. Barber et al (INMATE 2)

Filing 15

ORDER, JUDGMENT and DECREE of the court that: (1) the 9 Report and Recommendation of the Magistrate Judge is ADOPTED; (2) Plf's allegations of excessive force and a false disciplinary charge which occurred on or about September 14, 2011 is DISMISSED under 28 U.S.C. 1915(e) (2)(B)(i) as these claims were not filed within the time prescribed by the applicable period of limitations; (3) This case is DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i). Signed by Honorable Judge Mark E. Fuller on 6/3/14. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BRANDON S. NEGRON, #200854, Plaintiff, v. ANTHONY BARBER, et al., Defendants. ) ) ) ) ) ) ) ) CASE NO. 2:14-cv-132-MEF WO ORDER On April 9, 2014, the Magistrate Judge filed a Recommendation (Doc. #9) in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The Recommendation of the Magistrate Judge is ADOPTED. 2. Plaintiff's allegations of excessive force and a false disciplinary charge which occurred on or about September 14, 2011 is DISMISSED under 28 U.S.C. ยง 1915(e)(2)(B)(i) as these claims were not filed within the time prescribed by the applicable period of limitations. 3. This case is DISMISSED with prejudice prior to service of process under 28 U.S.C. ยง 1915(e)(2)(B)(i). DONE this the day 3rd of June, 2014. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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