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16-156 - Smith v. The Montgomery Police Department et al(MAG+)


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16-156 - Smith v. The Montgomery Police Department et al(MAG+)
October 27, 2016
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Complaint filed by Peter James Smith, that this case be DISMISSED prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i), (ii) and (iii). Objections to R&R due by 11/10/2016. Signed by Honorable Judge Gray M. Borden on 10/27/2016. (dmn, )
December 23, 2016
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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 constitutional 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 pending, 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 capacities;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, )
February 27, 2017
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REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE re 1 Complaint filed by Peter James Smith, that this case be DISMISSED with prejudice pursuant to FRCP 41(b). Objections to R&R due by 3/13/2017. Signed by Honorable Judge Gray M. Borden on 2/27/2017. (dmn, )
April 3, 2017
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ORDER as follows: 1. The 24 Recommendation is ADOPTED. 2. The claims of Plaintiff Peter James Smith against Defendants Montgomery Police Department, Todd Strange, Christopher Murphy, Ernest N. Finley, Jr., and the City of Montgomery, Alabama, are DISMISSED with prejudice pursuant to FRCP 41(b). The court specifically finds that Plaintiff Peter J. Smith has established a clear record of failing to comply with court orders. Further, because lesser sanctions than dismissal and numerous accommodations have failed to gain Plaintiffs compliance with court orders and deadlines, the court finds that lesser sanctions than dismissal are insufficient. A separate final judgment will be entered. Signed by Chief Judge William Keith Watkins on 4/3/2017. (dmn, )