Smoots v. Lockett et al (INMATE1)

Filing 6

ORDER overruling 5 Objection, adopting 4 RECOMMENDATION of the Magistrate Judge, and dismissing this case with 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 A R T H U R L. SMOOTS, #153110, P l a i n t if f , v. J O H N R. LOCKETT, et al., D e f e n d a n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:09-cv-627-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. # 5) to the Recommendation of the Magistrate Judge f ile d on July 22, 2009 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #4) filed on July 8, 2009 is a d o p te d ; 3 . This case is DISMISSED with prejudice prior to service of process in accordance w ith the directives of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii). 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