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)

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

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