McDaniel v. State of Alabama Dept. of Corrections (INMATE2)

Filing 5

OPINION AND ORDER it is Ordered and Adjudged that the Recommendation of the Mag Judge be and is hereby adopted and that plaintiff's complaint are dismissed with prejudice prior to service of process pursuant to the provisions of 28 USC 1915(e)(2)(B)(I). Signed by Honorable Truman M. Hobbs on 1/12/09. (Attachments: # 1 appeals checklist)(vma, )

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 F R A N K IE MCDANIEL, # 205198, P l a in tif f , v. S T A T E OF ALABAMA DEPT. O F CORRECTIONS, D e f e n d a n t. ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:08cv929-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. # 4). 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 are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I). Done this the 12th day of January, 2009.

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