Lietzke v. Bright

Full title: BILL LIETZKE, Plaintiff, v. BOBBY BRIGHT, et al., Defendants

Court: United States District Court, M.D. Alabama, Northern Division

Date published: May 16, 2007

CIVIL ACTION NO. 2:07CV324-WHA (M.D. Ala. May. 16, 2007)

Opinion

CIVIL ACTION NO. 2:07CV324-WHA.

May 16, 2007

ORDER

W. ALBRITTON III, Senior District Judge

On May 1, 2007, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed (Doc. #12). After review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted.

Accordingly, it is ORDERED and ADJUDGED that Plaintiff's claims be dismissed without prejudice for the following reasons:

1. pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for the plaintiff's failure to state a claim on which relief may be granted; and

2. pursuant to 28 U.S.C. § 1915(e)(2)(B)(iii) on the basis of Defendants' immunity from suit.

3. Plaintiff does not have an enforceable right to institute a criminal prosecution.

An appropriate judgment will be entered.