Gaskins v. Montgomery Department of Correction et al

Filing 12

ORDER ADOPTING the 8 RECOMMENDATION of the Magistrate Judge; DISMISSING the Plaintiff's claims against the Alabama Department of Corrections with prejudice, and DISMISSING the Alabama Department of Corrections as a defendant in this cause of a ction; referring this case back to Magistrate Judge for appropriate proceedings with respect to Plaintiff's claim regarding the validity of his incarceration in the Houston County Jail on a state detainer. Signed by Honorable Truman M. Hobbs on 12/29/2009. (br, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JERRY JEROME GASKINS, P la in ti ff , v. ) ) ) ) ) ) ) ) ) ) ) O RDER The Magistrate Judge entered a Recommendation (Doc. #8) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #8) of the Magistrate Judge is ADOPTED. It is further ORDERED that Plaintiff's claims against the Alabama Department of Corrections are DISMISSED, with prejudice, pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(i), and the Alabama Department of Corrections is DISMISSED as a defendant in this cause of action. It is further ORDERED that this case, with respect to Plaintiff's claim regarding the validity of CASE NO. 1:09-cv-1058-TMH [WO] ALABAMA DEPARTMENT OF CORRECTIONS, et al., Defendants. his incarceration in the Houston County Jail on a state detainer, is referred back to the Magistrate Judge for appropriate proceedings. Done this 29th day of December, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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