Johnson v. Opelika Police Dept

Full title: LEONARDO JOHNSON Plaintiff, v. OPELIKA POLICE DEPT., et al., Defendants

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

Date published: Mar 26, 2010

3:10-CV-50-ID, (WO) (M.D. Ala. Mar. 26, 2010)

Opinion

3:10-CV-50-ID, (WO).

March 26, 2010

ORDER

IRA DeMENT, District Judge

Before the Court are the Recommendation of the Magistrate Judge (Doc. #13, filed March 5, 2010) and Plaintiff's Objection to the Recommendation (Doc. #19, filed March 17, 2010). The Court has conducted a de novo review of those portions of the Recommendation to which objection is made. It is CONSIDERED and ORDERED as follows:

1. Plaintiff's Objection to the Recommendation (Doc. #19) be and the same is hereby OVERRULED;

2. The Recommendation of the Magistrate Judge (Doc. #13) be and the same is hereby ADOPTED, APPROVED and AFFIRMED;

3. Plaintiff's claims against the Opelika Police Department be and the same are hereby DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i);

4. The Opelika Police Department be and the same is hereby DISMISSED as a party to this cause of action; and

5. This case, with respect to the claims against the remaining Defendants, be and the same is hereby REFERRED back to the Magistrate Judge for appropriate proceedings.