Hosey v. Alabama Department of Corrections et al (INMATE1)

Filing 5

ORDER adopting 4 Report and Recommendations; dismissing this case with prejudice prior to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Signed by Honorable Truman M. Hobbs on 3/6/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION E R IC HOSEY, # 193503, P l a in tif f , v. A L A B A M A DEP'T OF C O R R E C T IO N S , et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv63-TMH (W O )

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g is tra te Judge entered on February 12, 2009, (Doc. # 4), that this case be dismissed. After a review of the recommendation, to which no timely objections have been filed, and after an in d e p e n d e n t review of the entire record, the court believes that the recommendation should b e adopted. Accordingly, it is O R D E R E D and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case be and is hereby DISMISSED with prejudice p rio r to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i) an d (ii). A n appropriate judgment will be entered. D o n e this the 6 th day of March 2009. /s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _______ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE