White v. Allen et al (INMATE1)

Filing 29

ORDER that 22 Recommendation is ADOPTED; that plaintiff's claims against Richard Allen are DISMISSED with prejudice prior to service of process pursuant to the directives of 28 U.S.C. § 1915(e)(2)(B)(i); that Richard Allen is DISMISSED as a defendant in this cause of action; that plaintiff's claims with regard to alleged violations of other inmates' constitutional rights and the profane/abusive language claim are summarily DISMISSED with prejudice in accordance with the pro visions of 28 U.S.C. § 1915(e)(2)(B)(i) and (ii); that this case, with respect to the plaintiff's remaining claims against defendants Cummins, Woods and Napier is REFERRED BACK to the Magistrate Judge for appropriate proceedings. Signed by Hon. Chief Judge Mark E. Fuller on 9/10/2009. (Attachments: # 1 Civil Appeals Checklist)(cc, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION J O H N E. WHITE, #148157, P la in tiff , v. R IC H A R D ALLEN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) C IV IL ACTION NO. 2:09cv678-MEF (WO) ORDER O n August 12, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 22). Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED as follows: 1. 2. T h a t the Recommendation be and is hereby ADOPTED. T h a t the plaintiff's claims against Richard Allen be and are hereby DISMISSED w ith prejudice prior to service of process pursuant to the directives of 28 U.S.C. 1 9 1 5 (e )(2 )(B )(i). 3. o f action. 4. T h a t the plaintiff's claims with regard to alleged violations of other inmates' T h a t Richard Allen be and is hereby DISMISSED as a defendant in this cause c o n s titu tio n a l rights and the profane/abusive language claim be and are hereby summarily D IS M IS S E D with prejudice in accordance with the provisions of 28 U.S.C. 1915(e)(2)(B)(i) a n d (ii). 5. T h a t this case, with respect to the plaintiff's remaining claims against d e f e n d a n ts Cummins, Woods and Napier, be and is hereby REFERRED BACK to the M a g is tra te Judge for appropriate proceedings. D o n e this the 10 th day of September 2009. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2

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