Carstarphen v. Smith et al

Filing 17

ORDER ADOPTING IN PART 16 REPORT AND RECOMMENDATIONS as set out. Plaintiff's Motion to Release (docs. 5, 14, 15 are denied and Defendants' Motions to Dismiss (docs. 10 & 11) are granted and this action is dismissed with prejudice. Signed by Judge Kristi K. DuBose on 11/14/2016. (copy to plaintiff) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDRE CARSTARPHEN, SR., Plaintiff, v. JUDGE ROBERT SMITH and PROSECUTOR MATTHEW SIMPSON, Defendants. ) ) ) ) CIVIL ACTION NO. 16-00170-KD-N ) ) ) ) ) ORDER After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendation (Doc. 16) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated October 19, 2016, is ADOPTED, in part,1 as the opinion of this Court, as follows: The Court adopts Section I, Section II (a), Section II (b)(3) & (4). The Court declines to adopt Sections II (b)(1) & (2). Accordingly, it is ORDERED that Plaintiff’s “Motion to Release Andre Carstarphen Jr. immediately” (Docs. 5, 14, 15) is DENIED, that the Defendants’ motions to dismiss (Doc. 10, 11) are GRANTED), and this action is DISMISSED with prejudice. In accordance with Federal Rule of Civil Procedure 58, final judgment shall be entered by separate document. DONE and ORDERED this the 14th day of November 2016. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b).

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