Smith v. City of Atlanta Police Department et al

Filing 12

ORDER APPROVING and ADOPTING 4 Final Report and Recommendation and DENYING 11 Application to Appeal in forma pauperis. This action is DISMISSED. Signed by Judge Thomas W. Thrash, Jr. on 4/13/2017. (jkl)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION OMARI AKILE SMITH, Plaintiff, v. CIVIL ACTION FILE NO. 1:17-CV-106-TWT CITY OF ATLANTA POLICE DEPARTMENT, et al., Defendants. ORDER This is a pro se prisoner civil rights action. The Plaintiff is serving a life sentence for murder. The Plaintiff complains about a false arrest in 2010 and alleged misconduct during his 2010 trial. It is before the Court on the Report and Recommendation [Doc. 4] of the Magistrate Judge recommending dismissing the action. This action is barred by the statute of limitations and Heck v. Humphrey. The Court approves and adopts the Report and Recommendation as the judgment of the Court. This action is DISMISSED. The Motion to Proceed in Forma Pauperis [Doc. 11] is DENIED. The appeal is frivolous. T:\ORDERS\17\Smith\17cv106\r&r.wpd SO ORDERED, this 13 day of April, 2017. /s/Thomas W. Thrash THOMAS W. THRASH, JR. United States District Judge T:\ORDERS\17\Smith\17cv106\r&r.wpd -2-

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