McCary v. Steele et al (INMATE2)

Filing 13

ORDER ADOPTING 5 Report and Recommendations; that the plaintiff's claim against the Staton Health Care Unit be and are hereby dismissed with prejudice in accordance with the provisions of 28 USC 1915(e)(2)(B)(i); that the Staton Health Care Un it be and is hereby dismissed as a defendant in this cause of action; that this case, with respect to the plaintiff's claims against the remaining defendants, be and is hereby referred back to the Mag Judge for additional proceedings. Signed by Honorable W. Harold Albritton, III on 6/10/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION STEPHEN PAUL McCARY, #246384, Plaintiff, v. LT. STEELE, et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv405-WHA (WO)

ORDER On May 22, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 5). 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 Staton Health Care Unit 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 Staton Health Care Unit 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 10th day of June 2009. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE