Seay v. Wallace (INMATE2)

Filing 8

ORDER and OPINION ADOPTING 7 REPORT AND RECOMMENDATION of the Mag Judge; DISMISSING plf's complaint with prejudice prior to service of process in accordance with the provisions of 28 USC 1915(e)(2)(B)(I). Signed by Honorable Truman M. Hobbs on 1/9/09. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION B E N DANIEL SEAY, #233408, P l a in tif f , v. J A M E S EDWARD WALLACE, D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:08cv868-TMH

O R D E R AND OPINION O n December 15, 2008, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 7). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that plaintiff's complaint is DISMISSED with prejudice prior to service of process in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(I). Done this the 9th day of January, 2009.

/s / Truman M. Hobbs __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____________________ S E N IO R UNITED STATES DISTRICT JUDGE