Jones v. Thomas et al (INMATE 1)

Filing 11

ORDERED as follows: (1) Plaintiff's claims against the Alabama Department of Corrections are DISMISSED, with prejudice; (2) The Alabama Department of Corrections is DISMISSED as a defendant in this cause of action; and (3) This case, with respect to the allegations set forth against the remaining defendants, be referred back to the Magistrate Judge for appropriate proceedings. Signed by Honorable Ira De Ment on 8/7/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION FRANK JONES, # 118930, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. No. 6) 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, said Recommendation is hereby adopted. It is further ORDERED as follows: 1. Plaintiff's claims against the Alabama Department of Corrections are DISMISSED, with prejudice, pursuant to 28 U.S.C. 1915(e)(2)(B)(i); 2. The Alabama Department of Corrections is DISMISSED as a defendant in this cause of action; and 3. This case, with respect to the allegations set forth against the remaining defendants, be referred back to the Magistrate Judge for appropriate proceedings. CASE NO. 2:09-cv-577-ID [WO] WILLIE THOMAS, et al., Defendants. D o n e this 7 th day of August, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE 2

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