1A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint
screened in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
* CIVIL ACTION NO. 3:05-CV-639-T
OPELIKA CITY JAIL., et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, Ashford Milford, an inmate incarcerat ed at the Lee County Detention Center
located in Opelika, Alabama, filed this 42 U.S.C. § 1983 on July 8, 2005. He complains that his
constitutional rights were violated in June 2003 when he was detained in the Opelika City Jail.
Specifically, Plaintiff states that he was placed in a security cell by Officer Harris . Plaintiff
complains that Officer Harris then tried to kill him by pouring a half gallon of bleach in the cell.
Milford alleges that after being held in the security cell for hours he was subsequently transported
to the East Alabama Medical Center for medical treatment. Plaintiff seeks money damages.
Upon review of the complaint, the court concludes that dismissal of this case with prejudice
prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).1
Case 3:05-cv-00639-MHT-SRW Document 4 Filed 07/18/2005 Page 1 of 5
Milford v. Opelika City Jail et al (INMATE2) (JC)
requires the court to dismiss a prisoner’s civil action prior to service of process if it determines that the
complaint is frivolous, malicious, fails to state a cl aim upon which relief may be granted, or seeks
monetary damages from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
It is clear that Milford has filed his complaint outside the applicable statute of limitations.
The actions about which Plaintiff complains occurred in June 2003. While there is no express period