Files v. Alexander City Alabama, et al. (INMATE 2)

Filing 17

ORDER directing that, upon an independent review of the file in this case and upon consideration of the 15 Recommendation, it is ORDERED that: (1) The 15 Recommendation is ADOPTED; (2) The § 1983 claims presented against Defendants Tallapoos a County Commission, E. Paul Jones, Damon Lewis, Jeremy Duerr, C. Kim Taylor, Thomas F. Young, Jimmy Abbett, Blake Jennings, Chris Nail, Tina Walker, Barbara Young, Charles Raford, Louise Pritchard, Sharon Culligan, Charles Gillenwaters, and the City of Alexander City are DISMISSED with prejudice under 28 U.S.C. § 1915(e)(2)(B)(i)(ii) and/or (iii); (3) Defendants Tallapoosa County Commission, E. Paul Jones, Damon Lewis, Jeremy Duerr, C. Kim Taylor, Thomas F. Young, Jimmy Abbett, Blake Jenni ngs, Chris Nail, Tina Walker, Barbara Young, Charles Raford, Louise Pritchard, Sharon Culligan, Charles Gillenwaters, and the City of Alexander City are DISMISSED as parties to the complaint; (4) Plaintiff's false imprisonment claim is DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii); (5) Plaintiff's claim against Defendant Steve Hay is REFERRED back to the Magistrate Judge for further proceedings. Signed by Chief Judge William Keith Watkins on 5/29/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
ERNEST J. FILES, JR.,
Plaintiff,
v.
ALEXANDER CITY,
ALABAMA, et al.,
Defendants.

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CASE NO. 3:14-CV-239-WKW

ORDER
On May 7, 2014, the Magistrate Judge filed a Recommendation in this case
to which no timely objections have been filed. (Doc. # 15). Upon an independent
review of the file in this case and upon consideration of the Recommendation, it is
ORDERED that:
(1)

The Recommendation is ADOPTED;

(2)

The § 1983 claims presented against Defendants Tallapoosa County
Commission, E. Paul Jones, Damon Lewis, Jeremy Duerr, C. Kim
Taylor, Thomas F. Young, Jimmy Abbett, Blake Jennings, Chris Nail,
Tina Walker, Barbara Young, Charles Raford, Louise Pritchard,
Sharon Culligan, Charles Gillenwaters, and the City of Alexander

City

are

DISMISSED

with

prejudice

under

28

U.S.C.

§ 1915(e)(2)(B)(i)(ii) and/or (iii);
(3)

Defendants Tallapoosa County Commission, E. Paul Jones, Damon
Lewis, Jeremy Duerr, C. Kim Taylor, Thomas F. Young, Jimmy
Abbett, Blake Jennings, Chris Nail, Tina Walker, Barbara Young,
Charles Raford, Louise Pritchard, Sharon Culligan, Charles
Gillenwaters, and the City of Alexander City are DISMISSED as
parties to the complaint;

(4)

Plaintiff’s false imprisonment claim is DISMISSED without prejudice
under 28 U.S.C. § 1915(e)(2)(B)(ii);

(5)

Plaintiff’s claim against Defendant Steve Hay is REFERRED back to
the Magistrate Judge for further proceedings.

DONE this 29th day of May, 2014.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE