Pruitt v. Allen (INMATE 2)

Filing 8

ORDERED that: (1) the plaintiff's 7 objection is overruled; (2) the 4 and 6 Recommendation and Supplemental Recommendation are adopted; (3) plaintiff's respondeat superior and equal protection claims, are dismissed prior to service of process; (4) plaintiff's complaint is dismissed prior to service of process. Signed by Honorable Truman M. Hobbs on 10/29/08. (sl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION M IC H A E L PRUITT, #258430, P l a i n t if f , v. R IC H A R D ALLEN, ADOC Prison C o m m i s s io n e r , D e f e n d a n t. ) ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-510-TMH WO ORDER A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. #7) to the Supplemental Recommendation of the M a g is tra te Judge filed on August 13, 2008 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #4) filed on July 3, 2008 and S u p p le m e n te d (Doc. #6) on July 29, 2008 are adopted; 3 . Plaintiff's respondeat superior and equal protection claims, as discussed in the S u p p le m e n ta l Recommendation, are DISMISSED prior to service of process pursuant to the p rov isio n s of 28 U.S.C. 1915(e)(2)(B). 4 . Plaintiff's complaint is DISMISSED prior to service of process pursuant to the p ro v is io n s of 28 U.S.C. 1915(e)(2)(B)(i). D O N E this 29th day of October, 2008. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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