Gadsden v. Montgomery County Sheriff's Department et al (INMATE1)

Filing 22

ORDER that 1) ADOPTING 5 Report and Recommendations; 2) the plaintiff's claims against the Montgomery Co Sheriff's Department be dismissed with prejudice prior to service of process in accordance with the directives of 28 USC 1915 (e)(2)( B)(i); 3) The Montgomery County Sheriff's Department be dismissed as a defendant in this cause of action; 4) This case, with respect to the plaintiff's claims against defendants Briggs and Esco, be referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 3/2/09. (Attachments: # 1 appeals checklist)(vma, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D E R R IC K GADSDEN, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ) 2:09-CV-018-TMH [W O ] M O N T G O M E R Y COUNTY SHERIFF'S DEPARTMENT., et al., Defendants. ORDER O n January 9, 2009, the Magistrate Judge filed a Report and Recommendation (Doc. 5 ) in this case to which no timely objections have been filed. Upon an independent review o f the file in this case and upon consideration of the Recommendation of the Magistrate Ju d g e , it is ORDERED that: 1. 2. T h e Recommendation (Doc. 5) of the Magistrate Judge is ADOPTED; T h e Plaintiff's claims against the Montgomery County Sheriff's Department b e dismissed with prejudice prior to service of process in accordance with the d irec tiv es of 28 U.S.C. 1915(e)(2)(B)(i); 3. T h e Montgomery County Sheriff's Department be DISMISSED as a defendant in this cause of action; 4. T h is case, with respect to the plaintiff's claims against defendants Briggs and E s c o , be referred back to the Magistrate Judge for appropriate proceedings. D o n e this 2 n d day of March, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE 2

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