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

Filing 10

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

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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

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