Negron v. Barber et al (INMATE 2)

Filing 20

ORDER, JUDGMENT and DECREE of the court that: (1) the plaintiff's 10 Objection to Report and Recommendation is overruled; (2) the 9 Report and Recommendation of the Magistrate Judge is adopted; (3) Plaintiff's allegations of excessi ve force and a false disciplinary charge which occurred on or about September 14, 2011 are DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(i) as these claims are not filed within the time prescribed by the applicable period of limitations; (4) 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 6/18/14. (djy, )

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
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The plaintiff's objection (Doc. #10) to the Recommendation of the Magistrate
Judge filed on April 23, 2014 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) entered on April 9, 2014
is adopted;
3. Plaintiff's allegations of excessive force and a false disciplinary charge which
occurred on or about September 14, 2011 are DISMISSED under 28 U.S.C. §
1915(e)(2)(B)(i) as these claims are not filed within the time prescribed by the applicable
period of limitations.
4. This case is DISMISSED with prejudice prior to service of process under 28
U.S.C. § 1915(e)(2)(B)(i).

DONE this the 18th day of June, 2014.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE

2