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17-251 - Fuqua v. State of Alabama et al (INMATE 1)


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17-251 - Fuqua v. State of Alabama et al (INMATE 1)
June 5, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the Recommendation of the Magistrate Judge that: 1) The plf's federal claims for relief against the State of Alabama, the Alabama Department of Corrections and inmate Camille Fields be dismissed as frivolous in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); 2) The State of Alabama, the Alabama Department of Corrections and inmate Camille Fields be dismissed as dfts in this cause of action; 3) This case, with respect to the plf's claims against Sgt. Baker, Sgt. Birmingham and Sgt. Hurst, be referred back to the undersigned for appropriate proceedings; Objections to R&R due by 6/19/2017. Signed by Honorable Judge Wallace Capel, Jr on 6/5/2017. (wcl, )
July 26, 2017
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ORDERED that: 1. The Magistrate Judge's Recommendation (Doc. # 8) is ADOPTED; 2. Plaintiff's claims against the State of Alabama, the Alabama Department of Corrections, and inmate Camille Fields are DISMISSED with prejudice prior to service of process under 28 U.S.C. 1915(e)(2)(B)(i); and 3. This case, with respect to Plaintiff's claims against the other defendants, is REFERRED back to the Magistrate Judge for further proceedings and recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 7/26/2017.(kh, )