Merrill v. West et al (INMATE1)
||James Merrill, Jr.
||J. C. West, Hunter White, Steven Hanners, Jason Sloop, City of Eufaula, Eufaula Police Department and Barbour County Commissioners
||June 27, 2011
||US District Court for the Middle District of Alabama
||Charles S. Coody
||Ira De Ment
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|August 17, 2011
ORDERING and ADJUDGING as follows: (1) the 4 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED; (2) plf's claims against the Eufaula Police Dept be and are hereby DISMISSED with prejudice pursuant to the directives of 28 U.S. C. 1915(e)(2)(B)(i) as they provide no basis for relief under the provisions of 42 U.S.C. 1983; (3) to the extent that the plf presents claims challenging the constitutionality of the controlled substance conviction imposed upon by the Circuit Court of Barbour County, AL, these claims be and are hereby DISMISSED without prejudice pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii); (4) this case be and is hereby DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and (ii). Signed by Honorable Judge Mark E. Fuller on 8/17/11. (djy, )
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