McMullin v. State of Alabama et al (INMATE2)

Filing 13

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS; that Plaintiff's claims against the State of Alabama be DISMISSED prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); that the State of Alabama be DISMISSED as a party to this complaint; that this case, with respect to the remaining defendant, be referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 9/11/2008. (Attachments: # 1 Civil Appeals Checklist)(cc, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MIZELL MCMULLIN, #106297 Plaintiff, v. STATE OF ALABAMA, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:08-CV-502-TMH ) [WO] ) ) ) ORDER O n August 13, 2008, the Magistrate Judge filed a Report and Recommendation (Doc. # 11 ) in this case to which no timely objections have been filed. Upon an independent review o f the file in this case and upon consideration of the Recommendation of the Magistrate Ju d g e , it is ORDERED that: 1. 2. T h e Recommendation (Doc. #11) of the Magistrate Judge is ADOPTED; P la in tiff 's claims against the State of Alabama be DISMISSED prior to service o f process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); 3. 4. T h e State of Alabama be DISMISSED as a party to this complaint; and, T h is case, with respect to the remaining defendant, be referred back to the M a g i str a te Judge for appropriate proceedings. Done this the 11th day of September, 2008. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE