Thomas v. Montgomery City Jail et al (INMATE2)

Filing 7

ORDER adopting 6 Report and Recommendations; that plaintiff's claim against the Montgomery City Jail is DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B)(i); that the Montgomery City Jail is DISMISSED as a defendant in this cause of action; that this case, with respect to the plaintiff's claims against the remaining defendants, is REFERRED BACK to the Magistrate Judge for additional proceedings. Signed by Honorable W. Harold Albritton, III on 5/11/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAVID THOMAS, Plaintiff, v. MONTGOMERY CITY JAIL, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv293-WHA (WO) ORDER On April 14, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. 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. That the Recommendation be and is hereby ADOPTED. That the plaintiff's claim against the Montgomery City Jail be and are hereby DISMISSED with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i). 3. That the Montgomery City Jail be and is hereby DISMISSED as a defendant in this cause of action. 4. That this case, with respect to the plaintiff's claims against the remaining defendants, be and is hereby REFERRED BACK to the Magistrate Judge for additional proceedings. Done this the 11th day of May 2009. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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