Kennedy v. Reese (INMATE 1)

Filing 6

ORDER it is the Order, Judgment, and Decree of the court that: 1) The pla's objection (doc. 5 to the Recommendation of the Mag Judge filed on 4/22/09 is overruled; 4) ADOPTING 4 Report and Recommendations; 3) This case is dismissed with prejudice prior to service in accordance with the directives of of 28 USC 1915(e)(2)(B)(i), (ii) and (iii);. Signed by Honorable Truman M. Hobbs on 5/1/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION R IC H A R D DARON KENNEDY, #196984 ) ) P l a i n t if f , ) v. ) ) E U G E N E REESE, ) ) D e f e n d a n t. )

C A S E NO. 2:09-cv-275-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The plaintiff's objection (Doc. # 5) to the Recommendation of the Magistrate Judge f ile d on April 22, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #4) filed on April 16, 2009 is adopted; 3 . This case is DISMISSED with prejudice prior to service of process in accordance w ith the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii). D O N E this 1st day of May, 2009.

/s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE