Kelley v. Steel et al (INMATE1)

Filing 6

ORDER ADOPTING 4 Report and Recommendations; and the plaintiff's claims be dismissed with prejudice prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i). Signed by Honorable Truman M. Hobbs on 3/3/09. (Attachments: # 1 appeals checklist)(vma, )

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 DEWAYNE KELLEY, #230879, Plaintiff, v. ) ) ) ) ) ) ) ) ) )

2:09-CV-035-TMH [W O ]

L T . STEEL, et al., Defendants.

ORDER
O n January 21, 2009, the Magistrate Judge filed a Report and Recommendation (Doc. 4 ) 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. 4) of the Magistrate Judge is ADOPTED; and T h e Plaintiff's claims be dismissed with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). A n appropriate judgment will be entered. D o n e this 3 r d day of March, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE