Palmer v. Brewer et al

Filing 10

ORDER ADOPTING 5 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Marcus Palmer. Defendant Ammons is dismissed with prejudice, prior to service because Plaintiff's claims against him are either frivolous or fail to state a claim upon which relief can be granted. Signed by Judge Kristi K. DuBose on 4/30/15. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARCUS PALMER, AIS #209502,
Plaintiff,
v.
OFFICER BREWER, et al.,
Defendants.

:
:
:
:
:
:
:

CIVIL ACTION 14-00149-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues
raised, and a de novo determination of those portions of the Report and Recommendation to
which objection is made, the Report and Recommendation of the Magistrate Judge made under 28
U.S.C. § 636(b)(l)(B) and dated April 7, 2015, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendant Sergeant Ammons is DISMISSED with
prejudice from this action, prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i)
and (ii), because the Plaintiff’s claims against him are either frivolous or fail to state a claim upon
which relief can be granted.
This does not affect the status of the case against the remaining defendants, Officer
Brewer and Officer Lindsey.
DONE and ORDERED this the 30th day of April 2015.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE