Flournoy v. Duffie et al (INMATE 2)

Filing 12

ORDERED that the 4 RECOMMENDATION of the Magistrate Judge is ADOPTED; further ORDERED that: 1) Plf's claims against Dfts Culver, Jones, and Napa are DISMISSED with prejudice, prior to service of process, pursuant to the provisions of 28 USC &# 167; 1915(e)(2)(B)(i) and/or (iii); 2) Houston County Commissioner Culver, Lieutenant Jones, and Lieutenant Napa are DISMISSED as dfts to this cause of action; and 3) This case, with respect to Plf's claims against the remaining dfts, is REFERRED back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 3/11/2010. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DONNELL FLOURNOY, #126 385, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. #4) 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. #4) of the Magistrate Judge is ADOPTED. It is further ORDERED that 1. Plaintiff's claims against Defendants Culver, Jones, and Napa are DISMISSED with prejudice, prior to service of process, pursuant to the provisions of 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii); 2. Houston County Commissioner Culver, Lieutenant Jones, and Lieutenant Napa are DISMISSED as defendants to this cause of action; and CASE NO. 1:10-cv-104-ID [WO] MARK CULVER, et al., Defendants. 3. This case, with respect to Plaintiff's claims against the remaining defendants, is REFERRED back to the Magistrate Judge for appropriate proceedings. Done this 11th day of March, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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