Carter v. Gordon (INMATE2)
||Moses Carter, Jr.
||August 27, 2009
||Alabama Middle District Court
||Ira De Ment
|Nature of Suit:
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|September 28, 2009
ORDER adopting 4 Report and Recommendations; that 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); that Plaintiff's § 1983 claims against Defendant Dothan Police Chief are DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); that Plaintiff's challenge to the constitution ality 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; that 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). Signed by Honorable Ira De Ment on 9/28/2009. (cc, )
|September 2, 2009
RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The § 1983 claims presented against Defendants Dothan Police Department, Houston County Sheriff's Department, and Judge Rose Gordon be DISMISSED with prejudice; 2. Plaintiff's § 1983 claims against Defendant Dothan Chief of Police be DISMISSED without prejudice; 3. Plaintiff's challenge to the constitutionality of his current detention be DISMISSED without prejudice as such claim is not properly before the court at this time; 4. This case be DISMISSED prior to service of process. Objections to R&R due by 9/15/2009. Signed by Honorable Wallace Capel, Jr on 9/2/09. (br, )
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