McNeal v. Houston County Jail et al (INMATE 1)

Filing 17

ORDER AND OPINION: It is ORDERED and ADJUDGED that the 14 RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED and that: 1. The plaintiff's claims against the Houston County Jail are DISMISSED with prejudice in accordance with the d irectives of 28 U.S.C. 1915(3)(2)(B)(I). 2. The Houston County Jail is DISMISSED as a defendant in this cause of action. 3. This case, with respect to the plaintiff's claims against the remaining defendants regarding the conditions of confinement at the Houston County Jail is REFERRED back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 9/18/2009. (dmn)

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 A N T O N IO MCNEAL, 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 . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:09cv641-TMH

O R D E R AND OPINION O n August 17, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 14). 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. T h e plaintiff's claims against the Houston County Jail are DISMISSED with p reju d ice in accordance with the directives of 28 U.S.C. § 1915(3)(2)(B)(I). 2. 3. T h e Houston County Jail is DISMISSED as a defendant in this cause of action. T h is case, with respect to the plaintiff's claims against the remaining d e f e n d a n ts regarding the conditions of confinement at the Houston County Jail is REFERRED back to the Magistrate Judge for appropriate proceedings.

D o n e this the 18 th day of September, 2009.

/s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE

2