Simon v. Alabama Department of Corrections et al (INMATE1)

Filing 17

ORDER: That the 14 REPORT AND RECOMMENDATION be and is hereby ADOPTED. That the plaintiff's claim against the Alabama Department of Corrections be and are hereby DISMISSED prior to service of process in accordance with the provisions of 28 U.S .C. 1915(e)(2)(B)(i). That the Alabama Department of Corrections be and is hereby DISMISSED as a defendant in this cause of action. That this case, with respect to the plaintiff's claims against the remaining defendants, be and is hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 9/12/2008. (dmn)

IN THE UNITED STATES DISTRICT COURT FO R THE MIDDLE DISTRICT OF ALABAMA N O RT H E RN DIVISION FRANKLIN DELANO SIMON, JR., Plaintiff, v. CORRE CTIO N A L MEDICAL SERVICES, et al., D efendan ts. ) ) ) ) ) ) ) ) ) )

CIV IL ACTION NO. 2:08cv562-TMH (WO)

OR DER On August 20, 2008, 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, it is ORDERED as follows: 1. 2. T hat the Recommendation be and is hereby ADOPTED. That the plaintiff's claim against the Alabama Department of Corrections be and

are hereby DISMISSED prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i). 3. That the Alabama Department of Corrections be and is hereby DISMISSED as a

defendant in this cause of action. 4. That this case, with respect to the plaintiff's claims against the remaining

defendants, be and is hereby REFERRED BACK to the Magistrate Judge for appropriate pro ceedin gs. Done this the 12th day of September, 2008. /s/ Truman M. Hobbs ________________________________________ TRUM AN M. HOBBS SE NIO R UNITED STATES DISTRICT JUDGE