Jones v. Albright (INMATE2)

Filing 26

ORDER overruling 15 Objections, adopting 7 Recommendation, and dismissing the Complaint for lack of jurisdiction; this action is DISMISSED with prejudice prior to service of process. Signed by Honorable Truman M. Hobbs on 9/18/09. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION B E V E R L Y JO JONES, #233418, P l a i n t if f , v. F R A N K ALBRIGHT, D e f e n d a n t. ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-308-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. # 15) to the Recommendation of the Magistrate J u d g e filed on June 15, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #7) filed on May 27, 2009 is a d o p te d ; 3 . Plaintiff's complaint is DISMISSED for lack of jurisdiction and that this action is D IS M IS S E D with prejudice prior to service of process under the provisions of 28 U.S.C. § 1 9 1 5 ( e ) ( 2 ) ( B ) ( ii ). D O N E this 18th day of September, 2009.

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