Henley v. McGriff et al (INMATE2)

Filing 3

ORDER ADOPTING 2 Report and Recommendations; Plaintiff's complaint under 42 USC 1983 is dismissed without prejudice as the Court construes it to be an amendment to the complaint already pending in Civil Action No. 2:08cv1004-WKW, and it has been docketed as such in that case. Signed by Honorable W. Harold Albritton, III on 2/23/09. (Attachments: # 1 appeals checklist)(vma, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION RICHARD HENLEY, #123 127, Plaintiff, v. SEVEN McGRIFF, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv55-WHA ( W O) ORDER The Magistrate Judge filed a Recommendation (Doc. #2) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court believes that the Recommendation should be adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #2) of the Magistrate Judge is ADOPTED. Plaintiff's complaint under 42 U.S.C. 1983 is DISMISSED without prejudice as the Court construes it to be an amendment to the complaint already pending in Civil Action No. 2:08-CV-1004-WKW, and it has been docketed as such in that case. An appropriate judgment will be entered. Done this 23rd day of February, 2009. /s/ W. Harold Albritton UNITED STATES DISTRICT JUDGE

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