Clegg v. Snipes et al

Filing 24

ORDER ADOPTING and ACCEPTING the Magistrate Judge's 23 REPORT AND RECOMMENDATIONS and all of plaintiff's claims in this action except his Fourth Amendment claim against defendant Jason Potter are DISMISSED pursuant to 28 U.S.C. § 1915A (b). It is further ORDERED that plaintiffs Fourth Amendment claim against defendant Potter is REFERRED to the Magistrate Judge for further proceedings. Signed by Judge James H Hancock on 9/25/2013. (JLC)

FILED
2013 Sep-25 AM 11:13
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JEFFREY S. CLEGG,
Plaintiff
vs.
BRADLEY A. SNIPES, et al.,
Defendants

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Case No. 5:12-cv-00226-JHH-HGD

ORDER
The magistrate judge filed a report and recommendation on August 6, 2013,
recommending that plaintiff’s Fourth and Fourteenth Amendment claims against
defendants concerning traffic stops and searches that occurred in 2009, plaintiff’s
subsequent arrest, and his grand jury indictments for robbery be dismissed for failing
to state a claim upon which relief may be granted pursuant to 28 U.S.C.
§ 1915A(b)(1). (Doc. 23). The magistrate judge further recommended that plaintiff’s
Fourth Amendment illegal search and seizure claim against defendant Jason Potter
be referred to the magistrate judge for further proceedings. Id. No objections have
been filed by any party.

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Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, the court is of the opinion that the
magistrate judge’s report is due to be and is hereby ADOPTED and the magistrate
judge’s recommendation is ACCEPTED. It is therefore ORDERED, ADJUDGED,
and DECREED that all of plaintiff’s claims in this action except his Fourth
Amendment claim against defendant Jason Potter are DISMISSED pursuant to
28 U.S.C. § 1915A(b). It is further ORDERED that plaintiff’s Fourth Amendment
claim against defendant Potter is REFERRED to the magistrate judge for further
proceedings.
DONE this the

25th

day of September, 2013.

SENIOR UNITED STATES DISTRICT JUDGE

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