Smith v. The Montgomery Police Department et al(MAG+)
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|Date Filed||#||Document Text|
|December 23, 2016
ORDERED that the Recommendation of the Magistrate Judge (Doc. # 10 ) is ADOPTED IN PART and REJECTED IN PART as follows: 1. Smith's claims against all Defendants for violation of 18 U.S.C. § 249 are DISMISSED with prejudice. 2. Smith' s claims against Defendant Daryl D. Bailey are DISMISSED with prejudice, and Defendant Bailey is DISMISSED from this action. 3. To the extent that Smith is attempting to state a claim against any Defendant for an arrest in violation of the constituti onal protection against double jeopardy, his double jeopardy claims against all Defendants are DISMISSED with prejudice. 4. Smiths HIPAA claim is DISMISSED with prejudice as to all Defendants. 5. At this time, because some federal claims remain pendi ng, the court will not dismiss Smith's state law claims pursuant to 28 U.S.C. § 1367(c)(3). 6. On or before January 18, 2017, Smith shall file an amended complaint against Defendants Strange, Murphy, and Finley in their individual capacitie s;2 the City of Montgomery; and the Montgomery Police Department. ORDERED that this case, including the motion to proceed in forma pauperis (Doc. # 4 ), is referred back to the Magistrate Judge for consideration and disposition or recommendation on all pretrial mattersas may be appropriate. Signed by Chief Judge William Keith Watkins on 12/23/2016. (kh, )
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