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, )

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