Highfill v. Opelika Police Department et al (INMATE 1)

Filing 19

ORDER, JUDGMENT and DECREE of the court that: (1) the plf's 16 objection is overruled; (2) the REPORT AND RECOMMENDATION of the Mag Judge is adopted; (3) the plf's claims against the Opelika Police Dept are summarily dismissed with prejud ice in accordance with the directives of 28 U.S.C. 1915(e)(B)(i) and the Opelika Police Department is DISMISSED as a def in this cause of action; (4) this case, with respect to the plf's claims against defs Garrett, Cargill anad Clark, is referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 4/6/10. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA OF EASTERN DIVISION SHANE LOUIS HIGHFILL, Plaintiff, v. OPELIKA POLICE DEPARTMENT, et al., Defendants. ) ) ) ) ) ) ) )

CASE NO. 3:10-cv-055-TMH 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. #16) to the Recommendation of the Magistrate Judge filed on March 26, 2010 is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #15) filed on March 15, 2010 is adopted; 3. The plaintiff's claims against the Opelika Police Department are summarily dismissed with prejudice in accordance with the directives of 28 U.S.C. 1915(e)(B)(i) and the Opelika Police Department is DISMISSED as a defendant in this cause of action. 4. This case, with respect to the plaintiff's claims against defendants Garrett, Cargill and Clark, is referred back to the Magistrate Judge for appropriate proceedings. DONE this the 6th day of April, 2010. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE