Esco v. Steel et al (INMATE2)

Filing 23

ORDER overruling plaintiff's 19 objection; adopting 18 Report and Recommendations; dismissing plaintiff's claims against the Alabama Department of Corrections and Commissioner Allen with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii); dismissing Alabama Department of Corrections and Commissioner Allen as parties to this complaint; that this case with respect to the remaining defendant is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable Truman M. Hobbs on 3/5/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION B IL L Y DWIGHT ESCO, #243253, P l a i n t if f , v. L T . STEEL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-763-TMH 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. #19) to the Recommendation of the Magistrate J u d g e filed on February 12, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #18) filed on February 4, 2 0 0 9 is adopted; 3. Plaintiff's claims against the Alabama Department of Corrections and C o m m iss io n e r Allen are DISMISSED with prejudice prior to service of process pursuant to th e provisions of 28 U.S.C. 1915(e)(2)(B)(i and (ii). 4. The Alabama Department of Corrections and Commissioner Allen are D IS M IS S E D as parties to this complaint. 5 . This case with respect to the remaining defendant is referred back to the Magistrate J u d g e for additional proceedings. D O N E this 5th day of March, 2009. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE 2

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