Maddox v. Cope et al (MAG+)
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|Date Filed||#||Document Text|
|August 14, 2013
ORDER: It is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is ADOPTED and that pursuant to 28 U.S.C. § 1915(e)(2)(B), that: (1) plaintiffs claims against the Pike County Sheriffs Department are dismissed with pr ejudice, as this defendant is not a legal entity subject to suit; (2) plaintiffs claims against the Alabama Alcohol and Beverage Control Board are dismissed as barred by the Eleventh Amendment; (3) plaintiffs official-capacity claims for retrospectiv e relief, including damages, against the Pike County sheriffs deputies and the ABC Board officials and agents are dismissed as barred by the Eleventh Amendment; (4) plaintiffs claims against the remaining defendants are dismissed without prejudice fo r failure to state a claim, and (5)this matter is referred back to the Magistrate Judge for further proceedings, including entry of an order permitting amendment as to the latter category of claims. Signed by Honorable Judge Mark E. Fuller on 8/14/2013. (dmn, )
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