Smith v. Lowndes County Jail (INMATE1)

Filing 5

MEMORANDUM OPINION AND ORDER, it is Ordered and Adjudged that the 4 REPORT AND RECOMMENDATIONS re 1 Inmate 1983 Complaint filed by Michael Smith is hereby adopted and that this case be and is hereby dismissed with prejudice prior to service of process under 28 USC 1915(e)(2)(B)(i);. 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 MICHAEL SMITH, Plaintiff, v. LOWNDES COUNTY JAIL, Defendant. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09cv455-WHA (WO)

MEMORANDUM OPINION and ORDER On May 22, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 4). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i). A separate judgment will be entered. Done this the 10th day of June 2009. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE