McCullough v. Rogers et al (INMATE2)

Filing 12

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: 1. The 5 Recommendation of the Magistrate Judge, as modified, is ADOPTED. 2. Plaintiff's complaint against the Opelika Police Department and the City of Opelika is DISMISSED as parties to this cause of action. 4. This case, with respect to all other claims, is referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Judge Terry F. Moorer on 11/18/2011. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TRAVIS McCULLOUGH,

)
)
Plaintiff,
)
v.
)
)
OPELIKA POLICE DEPARTMENT, et al., )
)
Defendants.
)

CASE NO. 3:11-cv-849-TMH

ORDER
On October 20, 2011, the Magistrate Judge filed a Recommendation (Doc. #5), as
modified by Order dated November 4, 2011 (Doc. #8), in this case to which no timely
objections have been filed. Upon an independent review of the file in this case and upon
consideration of the Recommendation of the Magistrate Judge, it is the
ORDER, JUDGMENT and DECREE of the court that:
1. The Recommendation of the Magistrate Judge, as modified, is ADOPTED.
2. Plaintiff's complaint against the Opelika Police Department and the City of Opelika
is DISMISSED with prejudice prior to service of process in accordance with the provisions
of 28 U.S.C. § 1915(e)(2)(B)(i).
3. The Opelika Police Department and the City of Opelika are DISMISSED as parties
to this cause of action.
4. This case, with respect to all other claims, is referred back to the Magistrate Judge
for appropriate proceedings.

DONE this the 18th day of November, 2011.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE