Smedley v. State of Alabama(MAG+)

Filing 11

ORDER that plaintiff's 9 and 10 objections are overruled; that 8 recommendation is adopted; that this action is DISMISSED prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B), as plaintiff's claims against the State of Alabama are barred by the Eleventh Amendment. Signed by Honorable Judge Mark E. Fuller on 5/29/2012. (cc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DARRELL SMEDLEY, Plaintiff, v. STATE OF ALABAMA, Defendant. ) ) ) ) ) ) ) ) CASE NO. 1:12-cv-0312-MEF WO ORDER After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: 1. The plaintiff's objections (Docs. #9 & #10) to the Recommendation of the Magistrate Judge—filed on May 21 and 22, 2012, respectively—are overruled; 2. The Recommendation of the Magistrate Judge (Doc. #8) entered on May 14, 2012 is adopted; 3. That this action is DISMISSED prior to service of process pursuant to 28 U.S.C. § 1915(e)(2)(B), as plaintiff's claims against the State of Alabama are barred by the Eleventh Amendment. th DONE this the 29 day of May, 2012. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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