Burns v. Boyd et al (INMATE 2)

Filing 10

ORDER and OPINION ADOPTING 9 Recommendation of the Magistrate Judge and (1) plaintiff's claims against Commissioner Allen are dismissed with prejudice prior to service; (2) Commissioner Allen is dismissed as a party to this complaint; (3) this case with respect to the remaining defendant is referred back to the Magistrate Judge for additional proceedings. Signed by Honorable W. Harold Albritton, III on 3/18/09. (Attachments: # 1 Civil Appeals Checklist)(sl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION THOMAS BURNS, # 226375, Plaintiff, v. LOUIS BOYD, WARDEN, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv100-WHA

ORDER AND OPINION On February 20, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 9). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. Plaintiff's claims against Commissioner Allen are DISMISSED with prejudice prior to service of process pursuant to the provisions of 28 U.S.C. § 1915(e)(2)(B)(I); 2. 3. Commissioner Allen is DISMISSED as a party to this complaint; and This case with respect to the remaining defendant is REFERRED back to the undersigned for additional proceedings.

Done this the 18th day of March, 2009.

/s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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