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08-1703 - Caldwell v. Elyria Police Department et al


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08-1703 - Caldwell v. Elyria Police Department et al
November 5, 2008
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Memorandum of Opinion and Order that plaintiff's claims against the Elyria Police Department, Andy Bolin and Corrections Officer Rutherford are dismissed pursuant to 28 U.S.C. 1915 (e). Further, the Court certifies pursuant to 28 U.S.C. 1915 (a) (3) that an appeal from this decision could not be taken in good faith. This action will proceed soley on plaintiff's claims against Officer Riley, Officer Atherton, Officer Barboza and Corporal Smarr. The Clerk's Office is directed to forward the appropriate documents to the U.S. Marshal for service of process and shall include a copy of this order in the documents to be served upon the defendants. Signed by Judge Ann Aldrich on 11/5/2008. (B,B)