Bullock v. Bates et al (INMATE 2)

Filing 22

ORDERED that the 5 Report and Recommendation is adopted and that: 1) Plf's claims against the Montgomery County Commissioners be DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 USC 1915(e)(2)(B)(i) and (ii i); 2) The Montgomery County Commissioners be DISMISSED as dfts to this cause of action; and 3) This case with respect to Plf's claims against the remaining dfts be referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable William Keith Watkins on 1/7/2009. (wcl, )

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 A M E S TIMOTHY BULLOCK, P lai n tiff, v. D R . BATES OF Q.C.H.C., et al., D e fe n d a n t s . ) ) ) ) ) ) ) ) ) ORDER T h er e being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 5), and upon an independent review of the file, it is ORDERED that the Report and R eco mm en d atio n is adopted and that: 1. Plaintiff's claims against the Montgomery County Commissioners be D I S M IS S E D with prejudice prior to service of process pursuant to the p ro v isio n s of 28 U.S.C. § 1915(e)(2)(B)(i) and (iii); 2. The Montgomery County Commissioners be DISMISSED as defendants to this cau s e of action; and 3. This case with respect to Plaintiff's claims against the remaining defendants be r efer red back to the Magistrate Judge for appropriate proceedings. D o n e this 7th day of January 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

C A S E NO. 2:08-CV-977-WKW