Brown v. Elmore County, AL Sheriff's Office et al (INMATE 2)

Filing 8

OPINION AND ORDER that 7 Report and Recommendation is hereby ADOPTED and that: (1) Plaintiff's claims against the Elmore County Sheriff's Department are DISMISSED prior to service as further set out; (2) the Elmore County Sheriff's D epartment is DISMISSED as a party to the complaint; (3) Plaintiff's access to courts claim is DISMISSED prior to service as further set out; and (4) This case with respect to the remaining defendant is referred back to theMagistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 10/7/2008. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S R. BROWN, P l a in tif f , v. E L M O R E COUNTY, AL S H E R IF F 'S OFFICE, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:08cv707-TMH O P I N I O N AND ORDER O n September 5, 2008, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 7). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that: 1. P lain tff's claims against the Elmore County Sheriff's Department are D IS M IS S E D prior to service in accordance with the directives of 28 U.S.C. 1 9 1 5 ( e ) ( 2 ) ( B ) ( I) 2. T h e Elmore County Sheriff's Department is DISMISSED as a party to the c o m p lain t. 3. P lain tiff 's access to courts claim is DISMISSED prior to service pursuant to 2 8 U.S.C. 1915(e)(2)(B)(ii). 4. T h is case with respect to the remaining defendant is referred back to the M a g is tra te Judge for appropriate proceedings. Done this the 7 th day of October, 2008. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE 2

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