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16-802 - McDougald v. City of Enterprise Police of Coffee County et al (INMATE 2)


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16-802 - McDougald v. City of Enterprise Police of Coffee County et al (INMATE 2)
May 1, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) Plf's complaint against City of Enterprise Police of Coffee County challenging events which occurred on or before 9/30/2013, be DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i) because Plf failed to file this action within the time prescribed by the applicable statute of limitations; 2) Plf's complaint against Dft Shirley be DISMISSED with prejudice under 28 USC 1915(e)(2)(B)(i) & (iii)); 3) Plf's complaint against Dft Counts be DISMISSED without prejudice under 28 USC 1915(e)(2)(B)(ii); 4) This case be DISMISSED prior to service of process; Objections to R&R due by 5/15/2017. Signed by Honorable Judge Gray M. Borden on 5/1/2017. (wcl, )
June 29, 2017
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OPINION. Signed by Honorable Judge Myron H. Thompson on 6/29/2017. (wcl, )
June 29, 2017
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ed on or before 9/30/2013 is dismissed with prejudice; (3) Plf's claim against dft Judge Paul Shirley is dismissed with prejudice; (4) Plf's claim against dft James M. Counts is dismissed without prejudice; (5) This case is dismissed prior to service of process; further ORDERED that costs are taxed against plf, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/29/2017. (Attachments: # (1) Civil Appeals Checklist) (wcl, )JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 13 recommendation is adopted; (2) Plf's claim against dft City of Enterprise Police of Coffee County challenging events which occurr