Thompson v. Upshaw (INMATE1)

Filing 12

ORDER AND OPINION; Ordered that the 6 Recommendation of the Magistrate Judge is adopted and that: (1) plaintiff's claims against the Barbour County Sheriff's Department is DISMISSED with prejudice prior to service of process; (2) the Barb our County Sheriff's Department is DISMISSED as a defendant in this cause of action; (3) this case, with respect to the plaintiff's claims against defendants Upshaw and Ingram are referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 1/9/09. (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 J O S E P H THOMPSON, P l a in tif f , v. B A R B O U R COUNTY SHERIFF'S D E P A R T M E N T , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:08cv931-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. # 6). 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: 1. T h e plaintiff's claims against the Barbour County Sheriff's Department is D IS M IS S E D with prejudice prior to service of process in accordance with the directives of 2 8 U.S.C. 1915(e)(2)(B)(I). 2. T h e Barbour County Sheriff's Department is DISMISSED as a defendant in th is cause of action. 3. T h is case, with respect to the plaintiff's claims against defendants Upshaw and In g ra m are referred back to the Magistrate Judge for appropriate proceedings. D o n e this the 9th day of January, 2009. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______________________ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE 2

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