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, )

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

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