Esco v. Corbier et al (INMATE 1)

Filing 15

ORDER directing as follows: (1) that the REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED; (2) that the plf's claims against the Alabama Department of Corrections and Richard Allen be and are hereby DISMISSED prior to service of process pursuant to the provisions of 28 USC 1915(e)(2)(B)(i); (3) that the Alabama Department of Corrections and Richard Allen be and are hereby DISMISSED as defendants in this cause of action; (4) that the plf's claims against defendants Corbier and Williams be and are hereby referred back to the 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 UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION B IL LY DWIGHT ESCO, #243453, P l a in tiff , v. D R . CORBIER, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:08cv764-TMH O P I N I O N and ORDER O n September 22, 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 as follows: 1. 2. T h a t the Recommendation be and is hereby ADOPTED. T h a t the plaintiff's claims against the Alabama Department of Corrections and R ic h a rd Allen be and are hereby DISMISSED prior to service of process pursuant to the p rov isio n s of 28 U.S.C. 1915(e)(2)(B)(i). 3. T h at the Alabama Department of Corrections and Richard Allen be and are h e re b y DISMISSED as a defendants in this cause of action. 4. T h at the plaintiff's claims against defendants Corbier and Williams be and are h e r e b y REFERRED BACK to the Magistrate Judge for appropriate proceedings. D o n e 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

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