Roberts v. Midfield Police Department et al

Filing 8

ORDER -re: R&R 7 . The court hereby ADOPTS the Report and ACCEPTS the recommendations of the Magistrate Judge. It is ORDERED that Pltf's claims against Midfield Police Department are DISMISSED. Pltf's Fourth Amendment claim against Officer T. Yearwood is REFERRED to the Honorable T. Michael Putnam for further proceedings. Signed by Judge R David Proctor on 12/4/2013. (AVC)

FILED
2013 Dec-04 PM 02:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CEDRIC ALONZO ROBERTS,
Plaintiff,
v.
MIDFIELD POLICE DEPARTMENT
and OFFICER T. YEARWOOD,
Defendant.

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Case No.: 2:12-CV-04114-RDP-TMP

ORDER
On November 8, 2013, the Magistrate Judge’s Report and Recommendation (Doc. # 7) was
entered and the parties were allowed fourteen days in which to file objections to the
recommendations made by the Magistrate Judge. No objections have been filed by either party.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court further
ACCEPTS the recommendations of the Magistrate Judge and it is, therefore, ORDERED,
ADJUDGED and DECREED as follows:
1.

Plaintiff’s claims against Midfield Police Department are DISMISSED for failing

to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915A(b)(1).
2.

Plaintiff’s Fourth Amendment claim against Officer T. Yearwood is REFERRED

to the Honorable T. Michael Putnam for further proceedings.
DONE and ORDERED this

4th

day of December, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE