Usher v. Jones et al (INMATE2)

Filing 8

ORDER ADOPTING 7 Report and Recommendations; Plaintiff's complaint pursuant to 42 USC 1983 is dismissed, with prejudice and prior to service of process under 28 USC 1915(e)(2)(B)(i) and (ii), because the allegations of the complaint are frivolous and fail to state a claim on which relief may be granted. Signed by Honorable Truman M. Hobbs on 4/8/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J O H N USHER, #243 376, P l a in tif f , v. S G T . IBETH JONES, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C A S E NO.: 2:09-cv-145-TMH

ORDER T h e Magistrate Judge entered a Recommendation (Doc. #7) in this case to which no t i m e ly objections have been filed. After a review of the Recommendation, 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 ORDERED that the RECOMMENDATION (Doc. #7) of the Magistrate Judge is A D O P T E D . Plaintiff's complaint pursuant to 42 U.S.C. § 1983 is DISMISSED, with p r e ju d ic e and prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), because th e allegations of the complaint are frivolous and fail to state a claim on which relief may be g ra n te d . An appropriate judgment will be entered. D o n e this 8th day of April, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE