Reutcke v. Mobile County Sheriff's Office et al

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. Plf's claims for declaratory & injunctive relief are DISMISSED as moot, & his claims for compensatory & punitive damages are DISMISSED w/o prejudice as set out. Plf has not filed an amended compl aint in compliance w/the instructions contained in the report & recommendation regarding nominal damages; therefore, Plf's complaint is DISMISSED in its entirety w/o prejudice. Signed by Judge Callie V. S. Granade on 9/19/2013. (copy mailed to Plf on 9/19/13) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOHN T. REUTCKE, Plaintiff, vs. SAM COCHRAN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 12-0475-CG-M ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, the plaintiff’s claims for declaratory and injunctive relief are dismissed as MOOT, and his claims for compensatory and punitive damages are DISMISSED without prejudice, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The plaintiff has not filed an amended complaint in compliance with the instructions contained in the report and recommendation regarding nominal damages. The court deems plaintiff’s non-response to be an abandonment of his claim for nominal damages; therefore, the plaintiff’s complaint hereby is DISMISSED in its entirety without prejudice. DONE and ORDERED this 19th day of September, 2013. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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