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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOHN T. REUTCKE,
Plaintiff,
vs.
SAM COCHRAN, et al.,
Defendants.

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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