Smith v. Cedar Crest Nursing and Rehabilitation et al (MAG+)

Filing 18

ORDERED that: (1) the plaintiff's 17 objection is overruled; (2) the 14 Recommendation of the Magistrate Judge is adopted; (3) this case is dismissed pursuant to 28 USC 1915(e)(2)(b)(ii). Signed by Hon. Chief Judge Mark E. Fuller on 2/24/09. (sl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION P E T E R J. SMITH on behalf of Estate of R o s a M. Smith, P l a i n t if f , v. C E D A R CREST NURSING AND R E H A B IL IT A T IO N , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-580-MEF 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. #17) to the Recommendation of the Magistrate J u d g e filed on February 17, 2009 is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #14) entered on January 20, 2 0 0 9 is ADOPTED; 3 . This case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii) D O N E this the 24th day of February, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE