Davis v. Daniels et al (INMATE 2)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?