Bivens v. Montgomery County Detention Facility et al (INMATE 2)

Filing 9

ORDER adopting 8 Report and Recommendations. Plaintiff's claims against the Montgomery County Detention Facility, Montgomery County Sheriff's Office, and Clerk Overton are DISMISSED with prejudice prior to service under 28 U.S.C. § 1915A(b)(1). Signed by Honorable Judge William Keith Watkins on 01/08/2025. (c/s) (LAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SANQUEZ DEONTRA BIVENS,

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) CASE NO. 2:24-CV-703-WKW
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[WO]
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Plaintiff,
v.
MONTGOMERY COUNTY
DETENTION FACILITY, et al.,
Defendants.

ORDER
On December 13, 2024, the Magistrate Judge filed a Recommendation to
which Plaintiff filed no timely objections.1 (Doc. # 8.) Upon an independent review
of the record and upon consideration of the Recommendation, the court finds that
the recommendation should be adopted. Accordingly, it is ORDERED as follows:
(1)

The Recommendation (Doc. # 8) is ADOPTED;

(2)

Plaintiff’s claims against the Montgomery County Detention Facility

and Montgomery County Sheriff’s Office are DISMISSED with prejudice prior to
service under 28 U.S.C. § 1915A(b)(1);

The Recommendation directed that “by December 31, 2024, the parties may file
objections to this Recommendation.” (Doc. # 8 at 5.) For clarification, only the plaintiff has the
opportunity to file objections because the court’s review of this case has occurred prior to service
of process under 28 U.S.C. § 1915A, meaning that no Defendant has been served with a copy of
the summons and complaint. As of the court-ordered deadline (Doc. # 8 at 5), Plaintiff had not
filed any objections.
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(3)

Plaintiff’s claims against Clerk Overton are DISMISSED without

prejudice prior to service under 28 U.S.C. § 1915A(b)(1); and
(4)

The Clerk of Court or designee is DIRECTED to terminate the

Montgomery County Detention Facility, Montgomery County Sheriff’s Office, and
Clerk Overton as parties.
DONE this 8th day of January, 2025.
/s/ W. Keith Watkins
UNITED STATES DISTRICT JUDGE

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