Cooper v. Nichols, et al (INMATE2) CANNOT ACCEPT PLEADINGS WITHOUT MOTION FOR LEAVE TO FILE

Filing 15

ORDER ADOPTING 5 Report and Recommendations, it is Ordered that: 1) Plaintiff's claims concerning access to the courts, taser guns, and respondeat superior are dismissed with prejudice prior to service of process pursuant to directives of 28 U SC 1915(e) (2)(B); 2) Plaintiff's complaint against Defendants Marshall and "law library clerk" are dismissed prior to service: 3) Defendants Marshall and "law library clerk" are dismissed as defendants to this complaint 4) T his case will respect to Plaintiff's allegation or inadequate medical care against Defendant Miller is referred back to the Mag Judge for further proceedings . Signed by Judge Myron H. Thompson on 5/30/06. (Attachments: # 1 appeals checklist)(vma, )

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Cooper v. Nichols, et al (INMATE2) CANNOT ACCEPT PLEADINGS WITHOUT MOTION FOR LEAVE TO FILE Doc. 15 Case 2:06-cv-00418-MHT-TFM Document 15 Filed 05/30/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAVID COOPER, #7743 Plaintiff, v. D.T. MARSHALL, et al., Defendants. ORDER On May 12, 2006, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge which is hereby ADOPTED, it is ORDERED that: 1. Plaintiff's claims concerning access to the courts, taser guns, and respondeat superior are DISMISSED with prejudice prior to service of process pursuant to the directives of 28 U.S.C. 1915(e)(2)(B); 2. Plaintiff's complaint against Defendants Marshall and "law library clerk" are DISMISSED prior to service; 3. Defendants Marshall and "law library clerk" are DISMISSED as defendants to this complaint; ) ) ) ) ) ) ) ) ) 2:06-CV-0418-MHT WO Dockets.Justia.com Case 2:06-cv-00418-MHT-TFM Document 15 Filed 05/30/2006 Page 2 of 2 4. This case with respect to Plaintiff's allegation of inadequate medical care against Defendant Miller is referred back to the Magistrate Judge for further proceedings. Done this the 30th day of May, 2006. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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