Smith v. Rochester (INMATE1)

Filing 5

OPINION AND ORDER that the Recommendation of the Magistrate Judge 4 is hereby ADOPTED and that this case is DISMISSED with prejudice prior to serviceof process. Signed by Honorable Ira De Ment on 9/22/09. (br, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION K E N N E T H ALONZO SMITH, P l a i n t if f , v. J O H N ROCHESTER - CIRCUIT JUDGE O F COOSA COUNTY, ALABAMA, D e fe n d a n t. ) ) ) ) ) CIVIL ACTION NO. 2:09cv639-ID ) ) ) ) )

O R D E R AND OPINION O n August 17, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. No. 4). Upon an independent review of th e 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 a n d is hereby ADOPTED and that this case is DISMISSED with prejudice prior to service o f process in accordance with the directives of 28 U.S.C. § 1915(e)(2)(B)(I) and (ii). D o n e this the 22 nd day of September, 2009.

/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE