Soto v. Holiday et al

Filing 11

ORDER -re: Report and Recommendation 10 . The court ADOPTS the report and ACCEPTS the recommendation. The court ORDERS that the pltf's claims against Tuscumbia City Jail and Colbert County Jail are DISMISSED pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the Fourth Amendment unreasonable search and seizure claim against Jailer Angela Holiday is REFERRED to the magistrate judge for further proceedings. Signed by Chief Judge Karon O Bowdre on 6/3/2016. (AVC)

FILED
2016 Jun-03 AM 08:41
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
JIMMIE LOU SOTO,
Plaintiff
v.
ANGELA HOLIDAY, et al.,
Defendants

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Case No. 3:15-cv-01541-KOB-HGD

ORDER
The magistrate judge entered a report and recommendation on April 29, 2016,
recommending that the court dismiss without prejudice the plaintiff’s claims against
Tuscumbia City Jail and Colbert County Jail pursuant to 28 U.S.C. § 1915A(b) for
failing to state a claim upon which relief can be granted. (Doc. 10). The magistrate
judge further recommended the court refer back to the magistrate judge for further
proceedings plaintiff’s Fourth Amendment unreasonable search and seizure claim
against Jailer Angela Holiday. No party filed any objections.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court ADOPTS the magistrate
judge’s report and ACCEPTS his recommendation. The court ORDERS that the
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plaintiff’s claims against Tuscumbia City Jail and Colbert County Jail are
DISMISSED pursuant to 28 U.S.C. § 1915A(b). The court further ORDERS that the
Fourth Amendment unreasonable search and seizure claim against Jailer Angela
Holiday is REFERRED to the magistrate judge for further proceedings.
DONE and ORDERED this 3rd day of June, 2016.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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