Warthen v. Warner Robins Police Department

Filing 18

ORDER ADOPTING 17 Report and Recommendations. The Plaintiff's claim for injunctive relief is DISMISSED. The Plaintiff's claims against the Warner Robins Police Department are DISMISSED, and the police department is DISMISSED as a party to this action. Ordered by Judge Marc Thomas Treadwell on 10/8/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RICARDO JAMEL WARTHEN,
Plaintiff,
v.
WARNER ROBINS POLICE
DEPARTMENT, et al.,
Defendants.

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CIVIL ACTION NO. 5:13-CV-175 (MTT)

ORDER
This matter is before the Court on the Recommendation of Magistrate Judge
Charles H. Weigle. (Doc. 17). Following a preliminary screening pursuant to 28 U.S.C.
§ 1915A(a), the Magistrate Judge recommends dismissing the Plaintiff’s claim for
injunctive relief and any claim against the City of Warner Robins Police Department.
Specifically, the Magistrate Judge determined that termination of probation is not a
remedy available to the Plaintiff pursuant to 42 U.S.C. § 1983, and the Warner Robins
Police Department is not an entity that may be sued under that statute.
None of the parties filed an objection to the Magistrate Judge’s Recommendation.
The Recommendation is adopted and made the order of this Court. The Plaintiff’s claim
for injunctive relief is DISMISSED. The Plaintiff’s claims against the Warner Robins
Police Department are DISMISSED, and the police department is DISMISSED as a party
to this action.
SO ORDERED, this the 8th day of October, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT