Cameron v. Daniels et al(INMATE1)

Filing 32

OPINION AND ORDER that: (1) the 23 Recommendation of the Magistrate Judge is ADOPTED; (2) the plaintiff's Motion to Dismiss be GRANTED; (3) The claims against Officer Staples be DISMISSED with prejudice; (4) Officer Staples be DISMISSED as a p arty to this cause of action; (5) The loss of property claim be DISMISSED with prejudice;and (6) This case, with respect to the plaintiff's deliberate indifference claims against the remaining defendants, be referred back to the undersigned for additional proceedings. Signed by Honorable Truman M. Hobbs on 3/2/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JIMMY FRANK CAMERON, #105591, Plaintiff, v. WARDEN DANIELS, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 2:08-CV-916-TMH ) [WO] ) ) )

O P I N I O N AND ORDER O n January 29, 2009, the Magistrate Judge filed a Report and Recommendation (Doc. 2 3 ) in this case to which no timely objections have been filed. Upon an independent review o f the file in this case and upon consideration of the Recommendation of the Magistrate Ju d g e , it is ORDERED that: 1. 2. 3. 4. 5. 6. T h e Recommendation (Doc. 23) of the Magistrate Judge is ADOPTED; T h e plaintiff's motion to dismiss be GRANTED; T h e claims against officer Staples be DISMISSED with prejudice; O ff ic e r Staples be DISMISSED as a party to this cause of action; T h e loss of property claim be DISMISSED with prejudice; and T h i s case, with respect to the plaintiff's deliberate indifference claims against th e remaining defendants, be referred back to the undersigned for additional p r o c e e d in g s .

Done this the 2nd

day of March, 2009. /s / Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE