Johnson v. Opelika Police Department et al (INMATE 2)

Filing 20

ORDER overruling the plaintiff's 19 Objections; adopting the 13 Recommendation of the Magistrate Judge; dismissing the claims against the Opelika Police Department with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); dismissing Opelika Police Department as a party; and referring the case back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 3/26/2010. (br, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LEONARDO JOHNSON Plaintiff, v. OPELIKA POLICE DEPT., et al., Defendants. ) ) ) ) ) ) ) ) )

3:10-CV-50-ID (WO)

ORDER B e fo re the Court are the Recommendation of the Magistrate Judge (Doc. #13, filed M a rc h 5, 2010) and Plaintiff's Objection to the Recommendation (Doc. #19, filed March 1 7 , 2010). The Court has conducted a de novo review of those portions of the R e c o m m e n d a tio n to which objection is made. It is CONSIDERED and ORDERED as f o llo w s : 1. P la in tiff's Objection to the Recommendation (Doc. #19) be and the same is h e re b y OVERRULED; 2. T h e Recommendation of the Magistrate Judge (Doc. #13) be and the same is hereby ADOPTED, APPROVED and AFFIRMED; 3. P la in tiff's claims against the Opelika Police Department be and the same a re hereby DISMISSED with prejudice prior to service of process in a c c o rd a n c e with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 4. T h e Opelika Police Department be and the same is hereby DISMISSED as a

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party to this cause of action; and 5. T h is case, with respect to the claims against the remaining Defendants, be a n d the same is hereby REFERRED back to the Magistrate Judge for a p p ro p ria te proceedings. Done this 26th day of March, 2010. /s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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