McCary v. Steele et al (INMATE2)

Filing 29

ORDER (1) ADOPTING 25 REPORT AND RECOMMENDATION of the Mag Judge; (2) that def CMS's 12 motion to dismiss be and is hereby GRANTED; (3) that def CMS be and is hereby DISMISSED with prejudice as a defendant in this cause of action; (4) that t his case, with respect to the plf's claims against the remaining defs, be and is hereby referred back to the Mag Judge for additional proceedings. Signed by Honorable W. Harold Albritton, III on 7/30/09. (Attachments: # 1 civil appeals checklist)(djy, )

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 July 9, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 25). 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 defendant CMS's motion to dismiss (doc. # 12) be and is hereby GRANTED. 3. That defendant CMS be and is hereby DISMISSED with prejudice 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 30th day of July 2009. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE