Carter v. City Police for Dothan

Full title: MOSES CARTER, JR., Plaintiff, v. CITY POLICE FOR DOTHAN, et al., Defendants

Court: United States District Court, M.D. Alabama, Southern Division

Date published: Sep 28, 2009

CASE NO. 1:09-cv-813-ID [WO] (M.D. Ala. Sep. 28, 2009)

Opinion

CASE NO. 1:09-cv-813-ID [WO].

September 28, 2009

ORDER

IRA DeMENT, District Judge

The Magistrate Judge entered a Recommendation (Doc. #4) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is

ORDERED that the RECOMMENDATION (Doc. #4) of the Magistrate Judge is ADOPTED. It is further

ORDERED as follows:

a. Plaintiff's § 1983 claims against Defendants Dothan Police Department, Houston County Sheriff's Department, and Judge Rose Gordon are DISMISSED with prejudice in accordance with 28 U.S.C. § 1915(e)(2)(B)(i) and (iii);

b. Plaintiff's § 1983 claims against Defendant Dothan Police Chief are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii);

c. Plaintiff's challenge to the constitutionality of his current detention is DISMISSED without prejudice pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(ii) as such claim is not properly before the court at this time; and

d. This case is DISMISSED prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) — (iii).