Smith v. The Montgomery Police Department (JOINT ASSIGN)(MAG+)

Filing 16

ORDERED that (1) The 13 Recommendation is ADOPTED; and (2) This case is DISMISSED without prejudice prior to service of process, pursuant to 28 USC § 1915(e)(2)(B); further ORDERED that Plf's 9 & 12 Motions to Amend are DENIED as futile. Signed by Chief Judge William Keith Watkins on 6/17/2016. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PETER JAMES SMITH, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. THE MONTGOMERY POLICE DEPARTMENT, Defendant. CASE NO. 2:16-CV-167-WKW [WO] ORDER On May 31, 2016, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 13.) Upon an independent review of the file and upon consideration of the Recommendation, it is ORDERED that (1) The Recommendation is ADOPTED; and (2) This case is DISMISSED without prejudice prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B). It is further ORDERED that Plaintiff’s Motions to Amend (Docs. # 9, 12) are DENIED as futile. A separate final judgment will be entered. DONE this 17th day of June, 2016. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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