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Martin v. Auburn Police Department

United States District Court, M.D. Alabama, Eastern Division

June 30, 2015

SILAS MARTIN, Plaintiff,
v.
AUBURN POLICE DEPARTMENT, et al., Defendants.

OPINION

MYRON H. THOMPSON, District Judge.

Pursuant to 42 U.S.C. ยง 1983, plaintiff, a state inmate, filed this lawsuit complaining that his arrest violated his constitutional rights because it occurred absent a warrant and without probable cause and that his conviction was invalid because of fabricated evidence and false testimony. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that plaintiff's case be summarily dismissed with prejudice to the extent the claims are barred by the statute of limitations and without prejudice as to those claims which challenge the constitutionality of a state criminal conviction imposed upon the plaintiff. There are no objections to the recommendation. After an independent and de novo review of the record, the court concludes that the magistrate judge's recommendation should be adopted.

An appropriate judgment will be entered.


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