Baker v. Garrett et al (INMATE 2)

Filing 6

ORDER: It is the ORDER, JUDGMENT and DECREE of the court that: 1. The plaintiff's 5 Objection to the Recommendation of the Magistrate Judge filed on 1/23/2012 is overruled; 2. The 4 Recommendation of the Magistrate Judge filed on 1/12/2012 i s adopted; 3. Plaintiff's complaint challenging matters arising from the alleged illegal search and seizure which occurred on 6/10/2009, is DISMISSED pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) as the complaint is not filed within the time prescribed by theapplicable period of limitations. 4. This case is DISMISSED with prejudice prior to service of process. Signed by Honorable Judge Truman M. Hobbs on 2/24/2012. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
MOSES TIRELL BAKER,

)
)
)
)
)
)
)
)

Plaintiff,
v.
STANLEY GARRETT, et al.,
Defendants.

CASE NO. 3:11-cv-1121-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. #5) to the Recommendation of the Magistrate Judge
filed on January 23, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #4 ) filed on January 12, 2012
is adopted;
3. Plaintiff's complaint challenging matters arising from the alleged illegal search and
seizure which occurred on June 10, 2009, is DISMISSED pursuant to the provisions of 28
U.S.C. § 1915(e)(2)(B)(i) as the complaint is not filed within the time prescribed by the
applicable period of limitations.
4. This case is DISMISSED with prejudice prior to service of process.
DONE this the 24th day of February, 2012.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE