Acoff v. Austin et al (INMATE1)

Filing 5

ORDER directing that: 1) The 4 Recommendation of the Magistrate Judge is ADOPTED; and 2) The Plf's claims be dismissed with prejudice prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(i); An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 3/3/2009. (wcl, )

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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 M A R C O DANE ACOFF, #210577, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) 2:09-CV-044-TMH [W O ] M R S . AUSTIN, et al., Defendants. ORDER O n January 26, 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

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