Hooks v. Houston County Jail et al (INMATE2)

Filing 18

ORDER that the 5 RECOMMENDATION of the Magistrate Judge isADOPTED; Plaintiff's claims against Houston County Jail are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915 (e)(2)(B)(i); The Houston County Jail is DISMISSED as a party to this complaint; and that with respect to the remaining Defendants, this case is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Truman M. Hobbs on 10/16/2008. (cb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION EMMANUEL QUITEN HOOKS P l a in tif f , v. H O U S T O N COUNTY JAIL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) 1:08-CV-776-TMH (WO) ORDER T h e Magistrate Judge filed a Recommendation (Doc. #5) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #5) of the Magistrate Judge is A D O P T E D . Because the Houston County Jail is not a legal entity amenable to suit under 42 U .S .C . 1983, Plaintiff's claims against it are DISMISSED with prejudice prior to service o f process pursuant to the provisions of 28 U.S.C. 1915 (e)(2)(B)(i). The Houston County J a il is DISMISSED as a party to this complaint. With respect to the remaining Defendants, th i s case is referred back to the Magistrate Judge for additional proceedings. D o n e this 16 th day of October, 2008. /s / Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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