Underwood v. Houston County Jail et al (INMATE1)

Filing 18

OPINION AND ORDER ADOPTING 12 Report and Recommendations, that the plaintiff's claims against the Houston County Jail be and are hereby dismissed with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i); That the Houston Cou nty Jail be and is hereby dismissed as a defendant in this cause of action; That this case, with respect to the plaintiff's claims against the remaining defendants be and are hereby referred back to the Mag Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 3/6/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION S TA N L E Y UNDERWOOD, #195177, P l a in tiff , v. H O U S TO N COUNTY JAIL, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv69-TMH

O P I N I O N and ORDER O n February 12, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed (doc. # 12). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D as follows: 1. 2. T h a t the Recommendation be and is hereby ADOPTED. T h a t the plaintiff's claims against the Houston County Jail be and are hereby

D IS M ISSE D with prejudice in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(i). 3. T h a t the Houston County Jail be and is hereby DISMISSED as a defendant in

th is cause of action. 4. T h a t this case, with respect to the plaintiff's claims against the remaining

d e f e n d a n ts be and are hereby REFERRED BACK to the Magistrate Judge for appropriate p r o c e e d in g s . 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