Hawes v. Bowden et al (INMATE2)

Filing 9

ORDER ADOPTING 6 Recommendation of the Magistrate Judge. Plaintiff's request to institute criminal proceedings against defendant Bowden is dismissed with prejudice prior to service. Plaintiff's request for injunctive or declaratory relie f is dismissed as moot. Plaintiff's respondeat superior claim against defendants Roberts, Bowers, and Franklin is dismissed with prejudice. Plaintiff's complaint against the Elmore Co. Jail is dismissed with prejudice. Plaintiff's comp laint against the Elmore Co. Commission is dismissed with prejudice. Plaintiff's complaint against defendants Bowers, Franklin, Roberts, and the Elmore Co. Community Hospital is dismissed without prejudice. This case with respect to the remaining defendant be referred back to the magistrate Judge for further proceedings. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 1/13/09. (Attachments: # 1 Civil Appeals Checklist)(sl, )

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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 C H R IS T O P H E R P. HAWES, #258240, P la in tif f , v. TRACEY M. BOWDEN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:08cv930-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #6) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #6) of the Magistrate Judge is A D O P T E D . Plaintiff's request to institute criminal proceedings against Defendant Bowden is DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U .S .C . 1915(e)(2)(B)(i). Plaintiff's request for injunctive or declaratory relief is D I S M I S S E D as moot. Plaintiff's respondeat superior claim against Defendants Roberts, B o w e rs , and Franklin is DISMISSED with prejudice pursuant to 28 U.S.C. 1 9 1 5 (e )(2 )(B )(i). Plaintiff's complaint against the Elmore County Jail is DISMISSED with p rejud ice pursuant to 28 U.S.C. 1915(e)(2)(B)(i). Plaintiff's complaint against the Elmore C o u n ty Commission is DISMISSED with prejudice pursuant to 28 U.S.C. 1915(e)(2)(B)(i) an d (iii). Plaintiff's complaint against Defendant Bowers, Franklin, Roberts, and the Elmore C o u n ty Community Hospital is DISMISSED without prejudice pursuant to 28 U.S.C. 1 9 1 5 (e )(2 )(B )(ii). This case, with respect to the remaining defendant, is REFERRED back to the Magistrate Judge for further proceedings. An appropriate judgment will be entered. D o n e this 13 th day of January, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE 2

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