Davis v. Correctional Medical Services et al (INMATE2)

Filing 7

ORDERED that 5 Report and Recommendation is ADOPTED and that the plaintiff's claims challenging events which occurred on or about September 29, 2003 be and are hereby DISMISSED with prejudice as further set out; and that plaintiff's remai ning § 1983 claims presented against the named Defendants are hereby TRANSFERRED to the United States District Court for the Northern District of Alabama as further set out. Signed by Honorable Truman M. Hobbs on 10/7/2008. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION G L E N N IE DAVIS, #120206, P l a in tiff , v. C O R R E C T IO N A L MEDICAL S E RV IC E S , et al., D e f e n d a n ts . ) ) ) ) ) C IV IL ACTION NO. 2:08cv666-TMH ) ) ) ) ) ORDER O n September 8, 2008, the Magistrate Judge filed a Recommendation in this case to w h ich no timely objections have been filed. Upon an independent review of the file in this c a s e and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED and that the p la in tiff 's claims challenging events which occurred on or about September 29, 2003 be and a re hereby DISMISSED with prejudice pursuant to the directives of 28 U.S.C. § 1915A. It is f u rth e r O R D E R E D that the plaintiff's remaining § 1983 claims presented against the named D ef en d an ts, to the extent that they are not barred by the statute of limitations, be and are h e re b y TRANSFERRED to the United States District Court for the Northern District of A la b a m a pursuant to the provisions of 28 U.S.C. § 1404. D o n e this the 7th day of October, 2008. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE