Henley et al v. McGriff et al (INMATE 2)

Filing 11

ORDER ADOPTING 5 Report and Recommendation and that Plf's claims against Dfts Alabama Board of Pardons and Paroles and the State of Alabama are DISMISSED with prejudice prior to service of process, pursuant to 28 USC 1915(e)(2)(B)(i) and/or (i ii), that these two Dfts are DISMISSED as parties in this lawsuit, and that this case is REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable William Keith Watkins on 1/27/2009. (Attachments: # 1 Civil Appeals Checklist)(wcl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION R IC H A R D EARL HENLEY, # 123 127, P l a in tif f , v. T H E ALA. BD. OF PARDONS and P A R O L E S , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) ) CASE NO. 2:08-CV-1004-WKW (WO) OR DER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 5), and the court having independently reviewed the file, it is ORDERED that the R ec o m m en d atio n is adopted and that Plaintiff's claims against Defendants Alabama Board o f Pardons and Paroles and the State of Alabama are DISMISSED with prejudice prior to s e rv ic e of process, pursuant to 28 U.S.C. 1915(e)(2)(B)(i) and/or (iii), that these two D e f en d a n ts are DISMISSED as parties in this lawsuit, and that this case is REFERRED back to the Magistrate Judge for further proceedings. Done this 27th day of January, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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