LIETZKE v. COUNTY OF MONTGOMERY

W. WATKINS, District Judge

The Magistrate Judge filed a Recommendation (Doc. # 7) that the case is due to be dismissed prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(ii). No objection has been filed. After an independent review of the record, it is the ORDER, JUDGMENT and DECREE of the Court that:

1. The Recommendation of the Magistrate Judge (Doc. # 7) is ADOPTED in part and REJECTED in part with respect to res judicata;

2. The following claims are DISMISSED with prejudice: the federal claims against Judge McKinney; the federal claims against Sheriff Marshall in his official capacity; and all claims for criminal prosecution;

3. The following claims are DISMISSED without prejudice: all state law tort claims; and

4. This action is hereby DISMISSED.

An appropriate judgment will be entered.