Griggs v. Fitzpatrick (INMATE1)

Filing 5

ORDER AND OPINION, it is ORDERED and ADJUDGED that the 4 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case is DISMISSED with prejudice prior to service of process as required by 28 USC 1915(e)(2)(B)(I). Signed by Honorable Truman M. Hobbs on 4/23/2009. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION M A R C U S GRIGGS, #261331, P l a in tif f , v. O F F IC E R FITZPATRICK, D e f e n d a n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv172-TMH

O R D E R AND OPINION O n April 2, 2009, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. # 4). Upon an independent review of the file in th i s case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case is DISMISSED with prejudice prior to service o f process as required by 28 U.S.C. § 1915(e)(2)(B)(I). D o n e this the 23 r d day of April, 2009.

/s / Truman M. Hobbs _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S E N IO R UNITED STATES DISTRICT JUDGE