Davidson v. McSwain-Holland et al (INMATE 2)

Filing 13

ORDER that: 1. The petitioner's objection 12 to the Recommendation of the Magistrate Judge filed on September 7, 2012 is overruled; 2. The Recommendation of the Magistrate Judge 9 filed on August 27, 2012 is adopted; Plaintiff's clai ms against the Alabama Department of Corrections is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i). 4. The Alabama Department of Corrections is DISMISSED as a party to this complaint. 5. This case with respect to the remaining defendants is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/14/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
KENNETH W. DAVIDSON, #274925,
Plaintiff,
v.
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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CASE NO. 1:12-cv-0687-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #12) to the Recommendation of the Magistrate
Judge filed on September 7, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #9) filed on August 27, 2012
is adopted;
3. Plaintiff's claims against the Alabama Department of Corrections is DISMISSED
with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. §
1915(e)(2)(B)(i).
4. The Alabama Department of Corrections is DISMISSED as a party to this
complaint.
5. This case with respect to the remaining defendants is referred back to the
Magistrate Judge for additional proceedings.

DONE this the14th day of September, 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE

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