Edwards v. Jones

Full title: DEMETRIUS M. EDWARDS, Plaintiff, v. SHERIFF JAY JONES, et al., Defendants

Court: United States District Court, M.D. Alabama, of Eastern Division

Date published: Sep 4, 2009

CASE NO. 3:09-CV-660-ID (WO) (M.D. Ala. Sep. 4, 2009)

Opinion

CASE NO. 3:09-CV-660-ID (WO).

September 4, 2009

ORDER

IRA DeMENT, District Judge

After an independent review of the file, it is hereby CONSIDERED and ORDERED that:

1. The plaintiff's objection (Doc. # 7) to the Recommendation of the Magistrate Judge, filed on August 11, 2009, is OVERRULED;

2. The Recommendation of the Magistrate Judge (Doc. #6), filed on July 28, 2009, is ADOPTED;

3. Plaintiff's claims against defendants J. Jones, C. Torbert. C. Welch, and T. Jones are DISMISSED without prejudice and prior to service of process;¹

1 A dismissal "without prejudice" is a "dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period." Black's Law Dictionary (8th ed. 2004)

4. Defendants J. Jones, C. Torbert. C. Welch, and T. Jones are DISMISSED as parties to the Complaint pursuant to 28 U.S.C. § 1919(e)(2)(B); and

5. This case is REFERRED back to the magistrate judge for further proceedings.