Gates v. Cobb (INMATE 2)

Filing 13

ORDER ADOPTING 4 REPORT AND RECOMMENDATION. Plaintiff's Complaint against the Auburn City Police Court and the Lee County Justice Center is DISMISSED with prejudice prior to service of process pursuant to 28 U.S.C. 1915(e)(2)(B)(i); Plaintiff& #039;s Complaint against Defendant Cobb for verbal abuse and/or harassment is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i); Plaintiff's Complaint, insofar as it challenges criminal charges pending against him in state court, is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i); and this case is referred back to the Magistrate Judge for appropriate proceedings on Plaintiff's claim of excessive force presented in his 5 amended complaint filed 7/18/2007. Signed by Judge W. Harold Albritton III on 9/7/2007. (dmn)

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Gates v. Cobb (INMATE 2) Doc. 13 Case 3:07-cv-00591-WHA-TFM Document 13 Filed 09/07/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION R E G IN A L D S. GATES, Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION 3:07cv591-WHA A U B U R N CITY POLICE COURT, et al., Defendants. ORDER N o objections having been filed to the Recommendation of the Magistrate Judge (D o c . # 4), entered on July 6, 2007, the Recommendation is adopted and it is hereby O R D E R E D as follows: 1. Plaintiff's Complaint against the Auburn City Police Court and the Lee County J u s tic e Center is DISMISSED with prejudice prior to service of process pursuant to 28 U .S .C . 1915(e)(2)(B)(i); 2 . Plaintiff's Complaint against Defendant Cobb for verbal abuse and/or harassment is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U .S .C . 1915(e)(2)(B)(i); 3 . Plaintiff's Complaint, insofar as it challenges criminal charges pending against him in state court, is DISMISSED with prejudice prior to service of process pursuant to the p ro v is io n s of 28 U.S.C. 1915(e)(2)(B)(i); and Dockets.Justia.com Case 3:07-cv-00591-WHA-TFM Document 13 Filed 09/07/2007 Page 2 of 2 4. This case be referred back to the Magistrate Judge for appropriate proceedings on P la in tiff's claim of excessive force presented in his amended complaint (Doc. No. 5) filed J u ly 18, 2007. D o n e , this 7 th day of September 2007. /s/ W. Harold Albritton W. HAROLD ALBRITTON S E N IO R UNITED STATES DISTRICT JUDGE

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