Duncan v. Hagler et al (INMATE1)

Filing 15

OPINION AND ORDER that: 1) The 5 Recommendation of the Magistrate Judge is ADOPTED; 2) The Plf's claims against the Houston County Sheriff's Department be dismissed with prejudice prior to service of process in accordance with the directi ves of 28 USC 1915(e)(2)(B)(i); 3) The Houston County Sheriff's Department be DISMISSED as a dft in this cause of action; 4) This case, with respect to the plf's claims against dfts Hagler, Soden and Smoak, be referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 12/3/2008. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION L E R N A R D LAMONT DUNCAN, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) 1:08-CV-867-TMH [W O ] H O U S T O N COUNTY SHERIFF'S DEPT., e t al., Defendants. OPINION AND ORDER O n October 30, 2008, the Magistrate Judge filed a Report and Recommendation (Doc. 5 ) in this case to which no timely objections have been filed. Upon an independent review o f the file in this case and upon consideration of the Recommendation of the Magistrate Ju d g e , it is ORDERED that: 1. 2. T h e Recommendation (Doc. 5) of the Magistrate Judge is ADOPTED; T h e Plaintiff's claims against the Houston County Sheriff's Department be d is m i s s e d with prejudice prior to service of process in accordance with the d irec tiv es of 28 U.S.C. 1915(e)(2)(B)(i); 3. T h e Houston County Sheriff's Department be DISMISSED as a defendant in th is cause of action; 4. T h is case, with respect to the plaintiff's claims against defendants Hagler, S o d e n and Smoak, be referred back to the Magistrate Judge for appropriate p r o c e e d in g s . D o n e this 3rd day of December, 2008. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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