Jerkins v. Allen et al (INMATE1)

Filing 5

OPINION and ORDER, it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice prior to service of process in accordance with the directives of 28 USC 1915(e)(2)(B)(ii). Signed by Honorable Truman M. Hobbs on 3/9/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION G R E G O R Y JERKINS, # 162600, P l a in tif f , v. R I C H A R D ALLEN and KATHY HOLT, D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv99-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 without prejudice p rio r to service of process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(ii). A n appropriate judgment will be entered. D o n e this the 9 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