Esco v. Daniels et al (INMATE 2)

Filing 11

OPINION AND ORDER; Ordered that the 10 Recommendation of the Magistrate Judge is adopted and this case dismissed with prejudice prior to service of process. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/29/08. (sl, )

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, # 243253, P l a in tiff , v. WA R D E N LEPOSY DANIELS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:08cv831-TMH (W O )

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g istra te Judge entered on December 3, 2008, (Doc. # 10), that this case be dismissed with p rejud ice prior to service of process in accordance with the directives of 28 U.S.C. § 1 9 1 5 (e )(2 )(B )(i). After a review of the recommendation, to which no timely objections have b e e n filed, and after an independent review of the entire record, the court believes that the re c o m m e n d a tio n should be adopted. Accordingly, it is O R D E R E D and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case be and is hereby DISMISSED with prejudice p rio r to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). A n appropriate judgment will be entered. D o n e this the 29th day of December, 2008. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE