Cameron v. Daniels et al(INMATE1)

Filing 46

ORDERED that 45 Recommendation of the Magistrate Judge is ADOPTED; (2) The plaintiff's April 7,2009 Motion to Dismiss is GRANTED; (3) The claims against officers Williams and Moore be DISMISSED without prejudice; (4) Officer Williams and Moore be dismissed as parties to this cause of action; and (5) This case, with the 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 4/27/2009. (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 April 9, 2009, the Magistrate Judge filed a Report and Recommendation (Doc. 45) in this case to which no timely objections have been filed. Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. 2. 3. T h e Recommendation (Doc. 45) of the Magistrate Judge is ADOPTED; T h e plaintiff's April 7, 2009 motion to dismiss be GRANTED; T h e claims against officers Williams and Moore be DISMISSED without p r e ju d ic e ; 4. O ff ic e r Williams and Moore be dismissed as parties to this cause of action; and 5. 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 27th day of April, 2009. /s / Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE