Wiley v. Glover et al (INMATE1)

Filing 38

(ORDER VACATED PURSUANT TO 41 ORDER) ORDER ADOPTING 37 REPORT AND RECOMMENDATION and that: 1. The claims against Houston County Jail Staff are DISMISSED. 2. The Motion for Summary Judgment filed on behalf of the properly named defendants is GRANT ED. 3. Judgment is entered in favor of all defendants. 4. The costs of this proceeding are taxed against the plaintiff. 5. The case is DISMISSED WITH PREJUDICE. Signed by Hon. Chief Judge Mark E. Fuller on 9/25/2008. (dmn) Modified on 10/17/2008 to vacate order. (cb, ).

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION M IC H A E L LEWIS WILEY, F e d e ra l Reg. # 11314-002, P l a in tif f , v. S H E R IF F LAMAR GLOVER, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 1:05cv1156-MEF

ORDER O n September 3, 2008, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 37). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1 . The claims against Houston County Jail Staff are DISMISSED. 2. The motion for summary judgment filed on behalf of the properly named

d e f e n d a n ts is GRANTED. 3 . Judgment is entered in favor of all defendants. 4 . The costs of this proceeding are taxed against the plaintiff. 5 . The case is DISMISSED WITH PREJUDICE. Done this the 25 th day of September, 2008.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE