Dobbins v. Giles et al (INMATE 1)

Filing 8

ORDERING and ADJUDGING that the REPORT AND RECOMMENDATIONS of the Mag Judge be and is hereby ADOPTED and that: (1) the plf's claims against the Alabama Department of Corrections and the Ventress Correctional Facility are DISMISSED prior to servi ce of process pursuant to the provisions of 28 USC 1915(e)(2)(B)(I); (2) the Alabama Department of Corrections and the Ventress Correctional Facility are DISMISSED as defendants in this cause of action; (3) this case, with respect to the plf's claims against defendants J.C. Giles and Richard Allen, are referred back tot he Mag Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 10/24/08. (Attachments: # 1 civil appeals checklist)(djy, )

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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 W IL L IA M GEOFFERY DOBBINS, #167085, P l a in tif f , v. J . C. GILES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:08cv747-TMH O R D E R AND OPINION O n September 24, 2008, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 7). Upon an independent review of th e file 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. T h e plaintiff's claims against the Alabama Department of Corrections and the V e n tre ss Correctional Facility are DISMISSED prior to service of process pursuant to the p ro v is io n s of 28 U.S.C. 1915(e)(2)(B)(I). 2. T h e Alabama Department of Corrections and the Ventress Correctional Facility a re DISMISSED as defendants in this cause of action. 1 3. T h is case, with respect to the plaintiff's claims against defendants J. C. Giles a n d Richard Allen, are referred back to the Magistrate Judge for appropriate proceedings. Done this the 24 th day of October, 2008. /s/ Truman M. Hobbs _ _ _ _ _ _ ______________________ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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