Minnifield v. Lee County et al (INMATE 2)

Filing 5

ORDER: It is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. 4 ) is ADOPTED; 2. Plaintiffs 42 U.S.C. 1983 claims against Defendants Opelika Police Department and Phillip O. Tyler are DISMISSED with prejudice under 28 U.S. C. 1915(e)(2)(B)(i); 3. Plaintiffs 42 U.S.C. 1983 claims against Defendant Lee County are DISMISSED without prejudice under 28 U.S.C. 1915(e)(2)(B)(ii); and 4. This case is DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i)(ii). A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 10/10/2017. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
VANDRE MINNIFIELD,
Plaintiff,
v.
LEE COUNTY, OPELIKA
POLICE DEPARTMENT, and
PHILLIP O. TYLER,
Defendants.

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CASE NO. 3:17-CV-455-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc.
# 4.) There being no timely objection filed to the Recommendation, and based on
an independent review of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 4) is

ADOPTED;
2.

Plaintiff’s 42 U.S.C. § 1983 claims against Defendants Opelika Police

Department and Phillip O. Tyler are DISMISSED with prejudice under 28
U.S.C. § 1915(e)(2)(B)(i);
3.

Plaintiff’s 42 U.S.C. § 1983 claims against Defendant Lee County are

DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii); and

4.

This case is DISMISSED prior to service of process under 28

U.S.C. § 1915(e)(2)(B)(i)–(ii).
A final judgment will be entered separately.
DONE this 10th day of October, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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