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, )

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?