Martin v. Auburn Police Department et al (INMATE 1)

Filing 10

OPINION. Signed by Honorable Judge Myron H. Thompson on 6/30/2015. (kh, )

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

SILAS MARTIN,

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

CIVIL ACTION NO.
3:15cv307-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate, filed this lawsuit complaining that his arrest
violated his constitutional rights because it occurred
absent a warrant and without probable cause and that
his

conviction

evidence

and

was

false

invalid
testimony.

because
This

of

fabricated

lawsuit

is

now

before the court on the recommendation of the United
States

Magistrate

Judge

that

plaintiff’s

case

be

summarily dismissed with prejudice to the extent the
claims are barred by the statute of limitations and
without prejudice as to those claims which challenge

the constitutionality of a state criminal conviction
imposed upon the plaintiff.
the recommendation.
review

of

the

There are no objections to

After an independent and de novo

record,

the

court

concludes

that

the

magistrate judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 30th day of June, 2015.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE