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, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DARRELL SMEDLEY,
Plaintiff,
v.
STATE OF ALABAMA,
Defendant.

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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