Dickey v. Allen et al (INMATE 1)

Filing 5

OPINION and ORDER directing as follows: 1) That the 4 Recommendation be and is hereby ADOPTED; 2) That the plf's claims against the AL DOC be and are hereby DISMISSED with prejudice in accordance with the directives of 28 USC 1915(e)(2)(B)(i); 3) That the AL DOC be and is hereby DISMISSED as a dft in this cause of action; 4) That this case, with respect to the plf's claims against the remaining dfts, be and are hereby REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Honorable Truman M. Hobbs on 4/8/2009. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION R O Y LEE DICKEY, #201031, P l a i n t i ff , v. R IC H A R D ALLEN, et al., D e fe n d a n t s . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv134-TMH

O P I N I O N and ORDER O n March 131, 2009, the Magistrate Judge filed a Recommendation in this case to w h ich no timely objections have been filed (doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. 2. T h at the Recommendation be and is hereby ADOPTED. T h at the plaintiff's claims against the Alabama Department of Corrections be and

ar e hereby DISMISSED with prejudice in accordance with the directives of 28 U.S.C. § 1 9 1 5 ( e )( 2 ) ( B ) ( i) . 3. T h at the Alabama Department of Corrections be and is hereby DISMISSED as

a defendant in this cause of action. 4. T h at this case, with respect to the plaintiff's claims against the remaining

d efen d an ts, be and are hereby REFERRED BACK to the Magistrate Judge for appropriate p r o c ee d i n g s . D o n e this the 8th day of April 2009. /s / Truman M. Hobbs ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ______ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE