Davis v. Daniels et al (INMATE 2)

Filing 11

ORDER ADOPTING 10 Recommendation of the Magistrate Judge; plaintiff's federal claims are dismissed with prejudice prior to service of process; plaintiff's state law claims are dismissed without prejudice; this case is dismissed. An appropriate judgment will be entered. Signed by James T Giles on 12/30/08. (sl, )

IN THE UNITED STATES DISTRICT COURT FO R THE MIDDLE DISTRICT OF ALABAMA N O RTH ER N DIVISION T ITO T. DAVIS, # 250373, Plaintiff, v. LEPO SY DANIELS, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:08cv840-TMH (W O )

O P IN IO N and ORDER T his litigation is now before the court on the recommendation of the United States M agistrate Judge entered on December 10, 2008, (Doc. # 10), that this case be dismissed. After a review of the recommendation, to which no timely objections have been filed, and after an independen t review of the entire record, the court believes that the recommendation should be adopted . Accordingly, it is OR DE R E D and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED; that the plaintiff's federal claims be and are hereby DISMISSED with pre judice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B )(i); that the plaintiff's state law claims be and are hereby DISMISSED without prejudice; and that this case be and is hereby DISMISSED. An appropriate judgment will be entered. Done this the 30th day of December, 2008. /s/ Truman M. Hobbs _______________________________________ T R U M A N M. HOBBS SEN IO R UNITED STATES DISTRICT JUDGE