Richards v. Coffee County Sheriff Department et al (INMATE 2)

Filing 51

ORDER ADOPTING 50 REPORT AND RECOMMENDATION. Plaintiff's claims against Dr. Meloni and Dallas Gibson are DISMISSED without prejudice for lack of service in accordance with FRCP 4(m). Defendants Sutton and Moss's 29 Motion for Summary Judgment is GRANTED. The claims against Defendants Sutton and Moss are DISMISSED with prejudice. The costs of this proceeding shall be TAXED against the Plaintiff. Signed by Honorable William Keith Watkins on 9/9/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT FO R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION A N T H O N Y RICHARDS, SR., # 243 996, P la i n t i f f , v. DAVE SUTTON, SHERIFF, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 1:07-CV-261-WKW

ORDER T here being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 50), and after an independent review, it is ORDERED that: (1 ) (2 ) T h e Recommendation is ADOPTED; Plaintiff's claims against Dr. Meloni and Dallas Gibson are DISMISSED without p rejudice for lack of service in accordance with Federal Rule of Civil Procedure 4 (m ); (3 ) D efen d ants Sutton and Moss's motion for summary judgment (Doc. # 29) is GRANTED; (4 ) T h is claims against Defendants Sutton and Moss are DISMISSED with p r e j u d ic e ; (5 ) T h e costs of this proceeding shall be TAXED against the Plaintiff. D O N E this 9th day of September, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE